Majunatha Reddy v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :07.12.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.17161 of 2020 Manjunatha Reddy, S/o.Venkata Reddy D.No.5/6,Santhapuram Agraharam Village, SIPCOT Post, Hosur Taluk, Krishnagiri District.

... Petitioner Vs.

1.The District Registrar, Registration Department, Krishnagiri District, Krishnagiri.

2.The Sub-Registrar, Registration Department, Hosur, Krishnagiri District.

3.C.Harish Kumar, S/o.Late Chandra Reddy, No.614, Santhapuram Agraharam Village, Begapalli Post, Hosur Taluk, Krishnagiri District.

PIN: 635 126.

4.Sabari Singh, S/o.Madhesh Singh, No.3/370, Rajiv Gandhi Nagar, Bedarapalli Village, SIPCOT Post, Hosur Taluk, Krishnagiri District.

5.M.Kantharaj, S/o.Moorthy, D.No.3/114, Anna Nagar I Cross, Bedarapalli Village, SIPCOT Post, Hosur Taluk, Krishnagiri District.

... Respondents

Prayer: This Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 1st respondent herein to consider the petitioner's representation dated 19.09.2020 in accordance with law and within a stipulated period.

For Petitioner : Mr.K.Govi Ganesan For Respondents: Mr.T.M.Pappiah (for R1 & R2) Special Government Pleader

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus directing the 1st respondent to consider the representation made by the petitioner on 19.09.2020 and pass orders within the time stipulated by this Court. 2.The case of the petitioner is that the 3rd respondent by suppressing the earlier decree passed by the civil Court had presented certain documents for registration before the second respondent. The further case of the petitioner is that while presenting those documents, he has also produced forged and fabricated documents, as if certificate was issued by the Village Administrative Officer. In short, the case of the petitioner is that the entire registration was a fraud that was committed by the private respondents. Therefore, the petitioner had made a representation on 19.09.2020 to the 1st respondent, requesting for conducting an enquiry and to pass orders under Sections 82 & 83 of Registration Act, 1908. Since the same was not considered, the present writ petition has been filed before this Court, seeking for appropriate directions.

3.Heard Mr.K.Govi Ganesan, learned counsel for the petitioner and Mr.T.M.Pappiah, learned Special Government Pleader for R1 & R2.

4.Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the 1st respondent to conduct an enquiry based on the representation made by the petitioner on 19.09.2020 and afford sufficient opportunity to the petitioner and respondents 3 to 5 at the time of enquiry and pass final orders strictly in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is directed to make fresh representation to the 1st respondent along with all the relevant documents and 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 sai To 1.The District Registrar, Registration Department, Krishnagiri District, Krishnagiri.

2.The Sub-Registrar, Registration Department, Hosur, Krishnagiri District.

+1cc to Mr.K.Govi Ganesan, Advocate SR.39683 +1cc to the Government Pleader SR.39820 W.P.No.17161 of 2020 NR(CO) CB(11/01/2021)