N.Rathinasamy, v. The Inspector General Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.08.2015

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.No.23691 of 2015 and M.P.No.1 of 2015 1.N.Rathinasamy 2.Kamalambal @ Kamalathal 3.Velusamy ... Petitioners represented by their Power of Attorney Krishnamoorthy Vs.

1. The Inspector General of Registration, 100, Sathome High Road, Chennai.

2. The District Registrar, Office of the District Registrar, Tiruppur District.

3. The Sub Registrar, Office of the Sub Registrar, Kavindhapadi, Gobichettipalayam Taluk.

4. The Sub Registrar, Office of the Sub Registrar, Nallur, Tiruppur Taluk.

5. Yoga Priya

6. K.N.Gopalakrishnan ... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorari calling for the records pertaining to the impugned notice dated 22.06.2015 made in the impugned proceeding in Na.Ka.No. 1928/AA1/2015 on the file of the 2nd respondent and quash the same.

For Petitioners : Mr.V.P.K.Gowtham For Respondents : Mrs.P.Rajalakshmi, Government Advocate

O R D E R

Challenging the impugned memo by which the petitioners were asked to appear on the complaint given by the respondents 5 & 6, the present Writ Petition has been filed.

2.Though the learned counsel for the petitioners made submissions on the merits of the case, this Court is not inclined to go into the same. The impugned order is only a notice requiring the petitioners to appear for an enquiry as contemplated under Section 83 of the Registration Act, 1908. If any adverse order is passed against the petitioners, it is open to the petitioners to challenge it in the manner known to law.

3.Therefore, the Writ Petition stands disposed of by directing the petitioners to appear before the 2nd respondent within two weeks from the date of receipt of a copy of this order and present their case. The 2nd respondent shall pass appropriate final orders within a period of four weeks thereafter, taking into consideration the submissions made by the both the parties, both on merits as well as on the issue of jurisdiction. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar va To

1. The Inspector General of Registration, 100, Sathome High Road, Chennai.

2. The District Registrar, Office of the District Registrar, Tiruppur District.

3. The Sub Registrar, Office of the Sub Registrar, Kavindhapadi, Gobichettipalayam Taluk.

4. The Sub Registrar, Office of the Sub Registrar, Nallur, Tiruppur Taluk.

+2cc's to Mr.V.P.K.Gowtham, Advocate, S.R.No.40573 +1cc to the Government Pleader, S.R.No.40405 W.P.No.23691 of 2015 and M.P.No.1 of 2015 JSV(CO) CA(11/08/2015)