V.C.Varadharaj v. The District-Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.21980 of 2021 and W.M.P.No.23194 of 2021 V.C.Varadharaj ... Petitioner -VsThe District Registrar, The Office of District Registrar, Gobichettipalayam, Erode District.

... Respondent Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent to furnish the true copy or certified copy of the complaint dated 28.06.2021, with relevant documents, given by one P.Paramesh, Son of Late T.Palanisamy, Periyasathanur, Sathyamangalam Taluk, Erode District, to submit my written statement and to defend the proceedings in Na.Ka.No.1894/B1/2021, dated 24.08.2021 and 27.09.2021 respectively and consequently to forbear the respondent to conduct the enquiry to be held on 11.10.2021. For Petitioner :

Mr.MA.P.Thangavel For Respondent :

Mr.Yogesh Kannadasan Special Government Pleader.

ORDER

This Writ Petition has been filed for the issuance of Writ of Mandamus, directing the respondent to furnish the true copy or certified copy of the complaint dated 28.06.2021, with relevant documents, given by one P.Paramesh, Son of Late T.Palanisamy, Periyasathanur, Sathyamangalam Taluk, Erode District, to submit my written statement and to defend the proceedings in Na.Ka.No.1894/B1/2021, dated 24.08.2021 and 27.09.2021 respectively and consequently to forbear the respondent to conduct the enquiry to be held on 11.10.2021. 2.

Heard Mr.MA.P.Thangavel, learned counsel appearing for the petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondent. 3.

The case of the petitioner is that the petitioner received summons from the respondent on 27.09.2021 for the https://hcservices.ecourts.gov.in/hcservices/

enquiry to be conducted on 27.09.2021. However, the petitioner appeared and sought for getting for the complaint which was referred in the summons. It was not provided to the petitioner, hence, the petitioner approached this Court. 4.

The learned counsel for the respondent would submit that the petitioner was furnished with the copy of the complaint on 24.08.2021.

5.

Considering the above, the respondent is directed to issue fresh summon to the petitioner within a period of two weeks from the date of receipt of a copy of this order and to furnish whatever the documents annexed with the complaint lodged by the counter party, i.e. P.Paramesh, dated 28.06.2021 along with the fresh copy and after giving an opportunity of hearing to the petitioner, pass orders on merits and in accordance with law within a period of twelve weeks thereafter.

6.

With the above directions, this writ petition is disposed of. Consequently, connected Miscellaneous petition is closed. There shall be no order as to costs. Sd/- Assistant Registrar (CS-IX) //True Copy// Sub Assistant Registrar mn To The District Registrar, The Office of District Registrar, Gobichettipalayam, Erode District.

+1cc to Mr.MA.P.Thangavel, Advocate SR. No.61441 +1cc to Government Pleader SR. No.62226 W.P.No.21980 of 2021 PL (CO) PR (09/12/2021) https://hcservices.ecourts.gov.in/hcservices/