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Madras High CourtWP/29482/2023disposed of

Sivakumar v. The District Registrar

2023-10-11Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.10.2023

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Sivakumar ... Petitioner Vs.

1. The District Registrar, Tirupattur Town, Tirupattur District - 635 601.

2. The District Registrar and Public Information Officer, District Registrar Office, District Collector Office, 4th Floor, C-Block, Thirupathur - 635 601.

3.The Deputy Inspector General of Registration and Public Information Officer, Deputy Inspector General of Registration Office, Veppamara Street, Velappadi, Vellore - 632001.

4. Malaiyan

5. M.Andi S/o, Santhirakara Malaiyan, 9E, Railway Colony Cantonment,

Vellore Taluk, Vellore District - 632 001.

6. M. Andi, S/o, Santhirakara Malaiyan, Athnavoor village, Yellagiri, Thirupattur District - 635 853.

7. Nasi,

8. Andi, S/o, Santhirakara Malaiyan, 9E, Railway colony Cantonment, Vellore Taluk, Vellore District - 632 001.

9. Chinna Malaiyan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to pass appropriate order based on the representation dated 04.01.2023 and enquiry conducted on 30.01.2023.

For Petitioner : Mr.Mumtaj Surya M.A For R1 to R3 : Mr.Yogesh Kannadasan Special Government Pleader

O R D E R

This Writ Petition has been filed to direct the first respondent to consider the petitioner's representation dated 04.01.2023 and to pass appropriate order on the enquiry conducted on 30.01.2023.

2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the official respondents.

3. It is submitted by the learned counsel for the petitioner that the petitioner had given representation dated 04.01.2023 to cancel the partition deed dated 03.06.2019 which was registered as Doc.No.1799 of 2019 on the file of the Sub Registrar, Jolarpettai and based on his representation, an enquiry was also conducted on 30.01.2023 by the first respondent. Even after completion of enquiry and all the procedures, no order has been passed by the respondents till now.

4. Taking into consideration the limited prayer sought for in the writ petition, without expressing any opinion with regard to the merits of the case, this Court directs the first respondent to consider the petitioner's representation dated 04.01.2023 and pass orders in accordance with law after giving notice to the petitioner and the private respondents 4 to 8, within a period of one month, preferably on or before 15.11.2023, failing which suo-motu proceedings will be initiated by this Court.

5. With the abovesaid direction, the Writ Petition is disposed of. There shall be no order as to costs.

6. List the matter on 15.11.2023, for reporting compliance. 11.10.2023 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The District Registrar, Tirupattur Town, Tirupattur District - 635 601.

2. The District Registrar and Public Information Officer, District Registrar Office, District Collector Office, 4th Floor, C-Block, Thirupathur - 635 601.

3.The Deputy Inspector General of Registration and Public Information Officer, Deputy Inspector General of Registration Office, Veppamara Street, Velappadi, Vellore - 632001.

P.VELMURUGAN, J.

mfa 11.10.2023