Madras High CourtWP/32516/2016disposed of

K.Harikrishnan v. District Registrar

2016-09-19Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :: 19.9.2016

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.32516 of 2016 K.Harikrishnan ...

petitioner VS 1 District Registrar Cuddalore Road Virudachalam-606 001 2 The Sub-Registrar Sub-Registrar Office Cuddalore Road Virudachalam-606 001 3 The Thasildhar Virudhachalam Taluk Cuddalore District 4 Renuka ... respondents Writ Petition filed under Art.226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to conduct proper investigation in accordance with circular 67 dated 03.11.2011 issued by the Inspector General of Registration and section 83 of the Registration Act 1908 and dispose of the reply letter sent by the I.G of Registration to the 1st respondent to conduct investigation vide letter No. 17693/U2/2016 dated 22.04.2016 within a stipulated time For petitioner :

Ms.A.Anusuya For respondents :

Mr.P.Senthilvel, Government Advocate

O R D E R

Heard Ms.A.Anusuya, learned counsel for the petitioner. Thiru.P.Senthilvel, learned Government Advocate, accepts notice for respondents 1 to 3.

2. In the light of the order this court proposes to pass, notice to the fourth respondent is dispensed with.

3. The petitioner filed a complaint before the Inspector General of Registration on 9.4.2016, pertaining to a document, which was registered as Doc.No.157/2010 and requested for cancellation of the said document. The petitioner invoked the powers conferred on the authorities pursuant to Circular No.67 https://hcservices.ecourts.gov.in/hcservices/

dated 3.11.2011. Since the District Registrar of the concerned registration District is the competent authority, the Inspector General of Registration, by communication dated 22.4.2016, forwarded the complaint to the first respondent for conducting enquiry into the matter. The petitioner's grievance is that there is a stalemate in the matter and the first respondent has not taken any action pursuant to the communication sent by the Inspector General of Registration dated 22.4.2016.

4. In the light of the above, there will be a direction to the first respondent to take note of the communication of the Inspector General of Registration in letter No.17693/U2/2016, dated 22.4.2016 and issue notice to the petitioner and 4th respondent, and other persons who are interested in the matter, and decide the matter in accordance with law, as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order.

5. Considering the fact that this Writ Petition is disposed of at the admission stage without notice to the fourth respondent, the merits of the allegations made by the petitioner in the Writ Petition or in the complaint, are not gone into and they are left open to be decided by the first respondent.

6. The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar To

1. District Registrar Cuddalore Road Virudachalam-606 001 2 The Sub-Registrar Sub-Registrar Office Cuddalore Road Virudachalam-606 001 3 The Thasildhar Virudhachalam Taluk Cuddalore District +1cc to Mr.A.Anusuya, Advocate, S.R.No.53033 +1cc to the Government Pleader, S.R.No.53154 W.P.No.32516 of 2016 https://hcservices.ecourts.gov.in/hcservices/ co(NR) cp 21/10/2016