R. Po. Desamani v. District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 25.10.2017

CORAM

THE HON'BLE Mr.JUSTICE A.SELVAM and THE HON'BLE Mr.JUSTICE P.KALAIYARASAN W.P.No.22188 of 2017 & W.M.P.No.23217 of 2017 R.Po.Desamani [ Petitioner ] Vs 1.District Registrar Office of the District Registrar Namakkal Namakkal District 2.The Tahsildar Kumarapalayam Taluk Kumarapalayam Namakkal District 3.K.Sivasubramanian 4.K.Haribaskar 5.K.T.Loganathan 6.S.Palanisamy 7.R.Mani 8.M.Viswanathan 9.R.Rajendran 10.Muthusamy Gounder

11. Anathakrishnan 12.M.Saroja [Respondents]

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent herein to consider the representation of the petitioner herein dated 28.07.2017 and consequently to take action in terms of the procedure established by the Inspector General of Registration in Circular No.67 dated 03.11.2011 (C.No.52338/C1/2011).

For Petitioners : Mr.A.K.Kumarasamy Senior Counsel for Mr.V.Balamurugane For Respondents : Mr.R.Vijayakumar, AGP for R1 & R2 Mr.B.Kumarasamy for R3

O R D E R

[Order of the Court was made by A.SELVAM, J.] This Writ Petition has been filed under Article 226 of the Constitution of India praying to direct the first respondent to look into the representation dated 28.07.2017, in respect of a fraudulent document in pursuance of the Circular No.67 dated 03.11.2011, by way of issuing a writ of mandamus. 2.The learned counsel appearing for the petitioner has advanced his arguments on the basis of averments made in the petition.

3.The learned Additional Government Pleader has submitted the Circular dated 20.10.2017, issued by the Government of Tamil Nadu, wherein, it has been clearly stated that Circular No.67 dated 03.11.2011 has already been withdrawn.

4.The main relief sought in the writ petition is to direct the first respondent to look into the representation dated 28.07.2017.

5.Considering the fact that the representation alleged to have been given by the petitioner is pending on the file of the first respondent, this Court is inclined to pass the following order.

6. In fine, the writ petition is allowed in-part without costs. The first respondent is directed to look into the representation dated 28.07.2017 and dispose of the same as early

as possible after giving opportunity to the persons concerned. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar gpa To 1.The District Registrar Namakkal District 2.The Tahsildar Kumarapalayam Taluk Namakkal District +1cc to Mr.V.Balamurugane, Advocate, S.R.No.75375 +1cc to Mr.B.Kumarasamy, Advocate, S.R.No.75647 W.P.No.22188 of 2017& W.M.P.No.23217 of 2017 GJ(CO) GN(16/11/2017)