G.Ramamirtham v. The District Collector- Cum
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.09.2023 CORAM: JUSTICE N.SESHASAYEE WP.No.25967 of 2023 G.Ramamirtham
...Petitioner
-Vs1.The District Collector-cum- District Executive Magistrate, Akalur, Maayavaram, Mayiladuthurai, Tamil Nadu 609 001.
2.The District Registrar, No.1, Kutchary Road, Mayiladuthurai - 609 001.
3.The Sub-Registrar, Kuthalam, 39 Bazar Street, Kuthalam, Tamil Nadu 609 801.
4.The Sub-Divisional Magistrate- Cum-Revenue Divisional Officer, Nagapattinam, SH-23, Mayiladuthurai Thiruthuraipoondi Road, Mayiladuthurai, Pattamangalam - 609 001.
1/6
5.The Superintendent of Police, 3JQW+PH9, Subramaniyapuram, Koranad, Pattamangalam, Tamil Nadu 609 001.
6.G.Senthilkumar 7.S.Vanitha
...Respondents
Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the 1st respondent in Proceedings No.Na.Ka.13069/2022/E2 dated 21.03.2023 and to quash the same as illegal, incompetent and without jurisdiction and to consequently direct the respondent 2 to annul the documents registered bearing Doc.No.1418/2021 dated 22.07.2021 and Doc.No.1741/2022 dated 11.07.2022, on the files of the 3rd respondent and further to initiate criminal action against the 6th and 7th respondents under Section 83 of the Registration Act For Petitioner : Mrs.V.Srimathi For R1 to R4 : Mr.V.Manoharan, Additional Government Pleader For R5 : Mr.N.Muthuvel, Government Advocate (Crl.Side) 2/6
ORDER
The petitioner's grievance is that her son, the sixth respondent herein has fraudulently obtained a settlement deed dated 22.07.2021 and had beaten her and thrown her of. She alleges that her cries for justice is being ignored both by the Police and also by the Revenue Authorities. According to her, she had moved the fifth respondent with a compliant and also approached the District Registrar/second respondent with a similar complaint to cancel the said document under Section 77 A of the Registration Act.
2.Mr.V.Manoharan, learned Additional Government Pleader takes notice for the respondents 1 to 4.
3.Mr.N.Muthuvel, learned Government Advocate (Crl. Side) takes notice for the fifth respondent.
4.Without getting into the merit of the allegation, this Court 3/6
simultaneously directs both the second and fifth respondent to act on the alleged complaint of the petitioner and take appropriate action as per law. So far as the second respondent is concerned, the Authority is required to hold an enquiry, after giving an opportunity of being heard to all the parties who are likely to be affected by his decision and dispose of the complaint of the petitioner within a period of eight (8) weeks from the date of receipt of a copy of this order.
5.The Writ Petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. 05.09.2023 Index : Yes/No Internet : Yes/No Tsg To 1.The District Collector-cum- District Executive Magistrate, Akalur, Maayavaram, Mayiladuthurai, Tamil Nadu 609 001.
2.The District Registrar, 4/6
No.1, Kutchary Road, Mayiladuthurai - 609 001.
3.The Sub-Registrar, Kuthalam, 39 Bazar Street, Kuthalam, Tamil Nadu 609 801.
4.The Sub-Divisional Magistrate- Cum-Revenue Divisional Officer, Nagapattinam, SH-23, Mayiladuthurai Thiruthuraipoondi Road, Mayiladuthurai, Pattamangalam - 609 001.
5.The Superintendent of Police, 3JQW+PH9, Subramaniyapuram, Koranad, Pattamangalam, Tamil Nadu 609 001.
N.SESHASAYEE, J., 5/6
Tsg Order made in 05.09.2023 6/6