Madras High CourtWP/27977/2016disposed of

C.Thangamuthu v. The District Registrar

2016-08-10Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.27977 of 2016 C.Thangamuthu ... Petitioner Vs.

1 The District Registrar Tiruppur, Tiruppur District.

2 The Sub Registrar, Kunathur, Tiruppur District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to receive the petitioner representation dated 01.08.2016 and conduct enquiry after giving an opportunity of personal hearing to the petitioner and pass appropriate orders and dispose of the said representation on merits in accordance with law, within a time frame fixed by this Hon'ble Court.

For Petitioner : Mr.K.Arangeswaran For Respondents : Mr.V.S.Ramesh Government Advocate

O R D E R

By consent, the writ petition is taken up for final disposal. 2.The petitioner would state that one Ammasai Goundar had filed a suit in O.S.No.369 of 2013 on the file of the Court of Subordinate Judge, Avinashi against Ayyavu and 27 others for partition and separate possession of the land admeasuring to an extent of 4.76 1⁄4 acres and the preliminary decree was passed on 06.12.2013 to the Lok Adalath proceedings and thereafter, final decree was also passed on the same date itself. The petitioner would claim that the petitioner was the 23rd defendant in the suit and to register the said judgment and decree, he has submitted a representation dated 01.08.2016, in person, to the second respondent and since no orders have been passed, came forward to file this writ petition. 3.Mr.V.S.Ramesh, learned Government Advocate, who accepts notice on behalf of the respondents would submit that the petitioner did not produce any acknowledgement as to the submission of the https://hcservices.ecourts.gov.in/hcservices/

representation and even according to the petitioner, his representation is dated 01.08.2016 and since it is of very recent origin, it may not be possible for the second respondent to consider and dispose of the same, at an early date.

4.This Court has considered the rival submissions and also perused the materials placed before it.

5.Though, the petitioner prayed for a larger relief, this Court in the light of the above facts and circumstances and without going into the merits of the same, permits the petitioner to submit one more representation to the second respondent, along with a copy of this order as well as the copy of his earlier representation, within a period of two weeks from the date of receipt of a copy of this order and the second respondent on receipt of the said representation, is directed to consider the same, in accordance with law and pass orders, within a further period of ten weeks thereafter and communicate the decision taken, to the petitioner. 6.The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1 The District Registrar Tiruppur, Tiruppur District.

2 The Sub Registrar, Kunathur, Tiruppur District.

+1 cc toMr.K.Arangeswaran, advocate,sr.45856 +1 cc to Govt.Pleader,sr.45878.

ug(co) krd 17/8 W.P.No.27977 of 2016 https://hcservices.ecourts.gov.in/hcservices/