Madras High CourtWP/21130/2017closed

E.Somasundaram, v. The Joint Registrar

2022-10-14Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 14.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR W.P. No.21130 of 2017 and W.M.P. No.23510 of 2017 E.Somasundaram . . . Petitioner Vs 1.The Joint Registrar Original Side Madras High Court Chennai - 600 104 2.The Registrar Vigilance Madras High Court Chennai 600 104 3.M/s.Hides & Skins India Private Limited Rep by its Managing Director New No.118/ Old No.57/2, 8th Street Z Block 5th Avenue, Anna Nagar Chennai 600 040 4.K.Ramachandran 5.R.Balachander . . . Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus, directing the 1st respondent to investigate with the registry and hand over to the petitioner, the original documents namely i) the General Power of Attorney dated 19/02/2007 and registered as document No.416 of 2007 on the file of Sub Registrar, Adyar, ii) Settlement Deed dated 29.12.2008 registered as document No.896 of 2009 on the file of the Sub Page No:1/4

Registrar, Adyar, iii) Lease Deed dated 09.02.2009 registered as document No.915 of 2009 on the file of Sub Registrar, Adyar; iv) Power of Attorney dated 04.05.2009 registered as document No.733 of 2009 on the file of Sub Registrar, Adyar filed by the petitioner in C.S. No.212 of 2012 on the file of the Original Side of the Hon'ble High Court at Madras and consequently direct the 2nd respondent to take appropriate action against the erring officer or staff or any other third person.

For Petitioner : M/s.P.Suresh Kumar No Appearance For Respondents : Mr.E.K.Kumaresan for R1 & R2 for R3 to R5 - No Appearance

ORDER

This writ petition has been filed for a writ of mandamus, directing the 1st respondent to investigate with the registry and hand over to the petitioner, the original documents namely i) the General Power of Attorney dated 19/02/2007 and registered as document No.416 of 2007 on the file of Sub Registrar, Adyar, ii) Settlement Deed dated 29.12.2008 registered as document No.896 of 2009 on the file of the Sub Registrar, Adyar, iii) Lease Deed dated 09.02.2009 registered as document No.915 of 2009 on the file of Sub Registrar, Adyar; iv) Power of Attorney dated 04.05.2009 registered as document No.733 of 2009 on the file of Sub Registrar, Adyar filed by Page No:2/4

the petitioner in C.S. No.212 of 2012 on the file of the Original Side of the Hon'ble High Court at Madras and consequently for a direction to the 2nd respondent to take appropriate action against the erring officer or staff or any other third person.

2. No representation for the petitioner. However, a counter affidavit has been filed by the first respondent. In paragraph 10 of the counter affidavit, it has been clearly stated that the documents filed along with the plaint in C.S. No.212 of 2012 have already been returned to the petitioner.

3. As the originals have already been returned, no further orders are required in this writ petition. Accordingly, the writ petition is disposed of. However, there is no order as to costs. Consequently, the connected writ miscellaneous petition is closed. 14.10.2022 Index : Yes / No Speaking/non speaking order Asr Page No:3/4

N. SATHISH KUMAR, J.

Asr W.P. No.21130 of 2017 and W.M.P. No.23510 of 2017 14.10.2022 Page No:4/4