S.Rajesh v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.4.2023 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH S.Rajesh

...Petitioner

Vs 1.The Inspector General of Registration, No.100, Santhome High Road, R.A.Puram, Chennai-28.

2.The District Registrar (Administration), District Registrar Office, Chengalpattu-603002.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to conduct and complete the enquiry in File No.5494/A3/2022 as per the Circular of the 1st respondent in letter No.33760/U1/2022 dated 27.9.2022 within the time stipulated by this Court by affording opportunity to all concerned.

For Petitioner : Mr.P.Kannan Kumar For Respondents : Mr.P.Sathish, Additional Government Pleader 1/4

ORDER

With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. The petitioner has filed this writ petition seeking a direction to the 2nd respondent to conduct and complete the enquiry in File No. 5494/A3/2022 as per the Circular of the 1st respondent in letter No.33760/U1/2022 dated 27.9.2022 within the time stipulated by this Court by affording opportunity to all concerned.

3. This Court may not be justified in stepping into the shoes of the respondents for considering such a claim. Nevertheless, if the second respondent is directed to conduct and complete the enquiry on the complaint made by the petitioner dated 28.12.2022 within a stipulated time, ends of justice could be secured.

4. In the light of the above observations, there shall be a direction to the second respondent herein to conduct and complete the enquiry on the petitioner's complaint dated 28.12.2022, in accordance with the 2/4

procedure contemplated under Section 77A of the Registration Act, after giving due opportunity to the persons who had executed the sale deed, as well as the beneficiaries and the witnesses to the deed of conveyance and any other persons who may be interested in the subject property, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim made by the petitioner and that it is open to the concerned respondent to consider the same on its own merits.

5. With the above direction, the Writ Petition stands disposed of. No costs.

21.4.2023 Index:Yes/No Speaking order/Non-speaking order To 1.The Inspector General of Registration, No.100, Santhome High Road, R.A.Puram, Chennai-28.

2.The District Registrar (Administration), District Registrar Office, Chengalpattu-603002.

RS/SNI 3/4

M.S.RAMESH,J.

RS/SNI 21.4.2023 4/4