D.M.Mohammed Ishaq, (Deceased) v. The District Registrar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.10.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. D.M.Mohammed Ishaq (Deceased) Founder and Chairman Azad Educational Trust Tharangambadi Road,

2. A.Mohamed Zubair Secretary, Azad Educational Trust, Tharangambadi Road, (P2 substituted for deceased sole petitioner vide order dated 09.03.2021 made in W.M.P.No.5972 of 2021 in W.P.No.30415 of 2017) ... Petitioners -Vs1.The District Registrar, O/o. The District Registrar, Nagapattinam.

2.The Joint-I Sub Registrar,

3.The Superintendent of Police, 4.The Inspector of Police, ... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents 1 and 2 to conduct appropriate enquiry in connection with registration of fraudulent Amendment Trust Deed in Document No.57 of 2017 on the file of the 2nd respondent and initiate appropriate criminal proceedings with the 4th respondent against the offenders.

For Petitioners : Mr.R.Sankarasubbu For Respondents : Mr.L.Baskaran Government Advocate (Crl.Side)

ORDER

This Writ Petition has been filed for direction directing the respondents 1 and 2 to conduct appropriate enquiry in connection with registration of fraudulent Amendment Trust Deed in Document No.57 of 2017 on the file of the 2nd respondent and initiate appropriate criminal proceedings with the 4th respondent against the offenders.

2. Heard the learned counsel for the petitioner and the learned

Government Advocate (Crl.Side) for the respondents and perused the materials available on record.

3. Without expressing any opinion on the merits of the writ petition, the first respondent is directed to consider the representation of the petitioner dated 02.11.2017 and after giving an opportunity of hearing to the second petitioner and the counter parties if any and dispose of the same, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. If the copy of the representation is not available with the first respondent, the second petitioner is directed to give the copy of the representation, within a period of two weeks from the date of receipt of a copy of this order.

4. With the above directions, this writ petition is disposed of. There shall be no order as to costs.

13.10.2023 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn G.K.ILANTHIRAIYAN. J,

mn To 1.The District Registrar, O/o. The District Registrar, Nagapattinam.

2.The Joint-I Sub Registrar, 3.The Superintendent of Police, 4.The Inspector of Police, 13.10.2023