Velusamy v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :01.10.2020
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.13966 of 2020 Velusamy ..Petitioner Vs.
1. The Inspector General of Registration, No.100, Santhome High Road, Chennai.
2. The Deputy General of Registration, GRD Road, Kamarajar Road, Red Fields, Coimbatore.
3. The District Registrar, District Registrars Office, Iranian Street, Annai Sathya Nagar, Rangampalayam, Erode.
4. The Sub Registrar, Sub Registrar Office, Kadaiveedhi, Kodumudi Taluk.
5. Rajendran
6. Tamilarasi ..Respondents Prayer:- Writ petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 3rd respondent to conduct an enquiry under Section 68(2) of the Registration Act 1908 asper the Letter No.41530/U1/2017 dated 08.11.2017 and launch the criminal prosecution against the offenders under Section 83 of the Registration Act 1908 in view of the petitioner's representation dated 29.08.2020.
For Petitioner : Mr.M.Guruprasad For Respondents : Mr.T.M.Pappiah Special Government Pleader for R1 to R4.
ORDER
This writ petition has been filed for the issue of writ of Mandamus directing the 3rd respondent to act upon the representation made by the petitioner on 29.08.2020 and take action under Section 83 of the Registration Act, against respondents 5 & 6, within the time frame fixed by this Court. 2.
The case of the petitioner is that he is the owner of the subject property. The respondents 5 and 6 without any right over the property, have created documents. The petitioner gave a representation to the 3rd respondent on 29.08.2020 complaining about the fabricated documents created by the respondents 5 and 6. Since no action has been taken on the representation, the present writ petition has been filed before this Court seeking for appropriate directions. 3.
Heard the learned counsel appearing for the petitioner and Mr.T.M.Pappiah, learned Special Government Pleader appearing on behalf of respondents 1 to 4. 4.
Taking into consideration the facts and circumstances of the case and without going into the merits of the case, there shall be a direction to the 3rd respondent to act upon the representation made against the petitioner on 29.08.2020 strictly in accordance with law and pass final orders within a period of eight weeks from the date of receipt of copy of this order. The 3rd respondent shall issue notice to the petitioner and the respondents 5 and 6, before conducting the enquiry and pass final orders. The petitioner is directed to make a fresh representation to the 3rd respondent along with all relevant documents and also a copy of this order.
5.
This writ petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rka To
1. The Inspector General of Registration, No.100, Santhome High Road, Chennai.
2. The Deputy General of Registration, GRD Road, Kamarajar Road, Red Fields, Coimbatore.
3. The District Registrar, District Registrars Office, Iranian Street, Annai Sathya Nagar, Rangampalayam, Erode.
4. The Sub Registrar, Sub Registrar Office, Kadaiveedhi, Kodumudi Taluk.
+1cc to Mr.M.Guruprasad, Advocate SR.32610 +1cc to the Government Pleader SR.32635 W.P.No.13966 of 2020 CP(CO) CB(05/11/2020)