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Madras High CourtWP/34525/2023disposed of

K.V.Chalapathy @ Kanaka Venkata Chalapathy v. The District Registrar

2023-12-15Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2023 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN K.V.Chalapathy @ Kanaka Venkata Chalapathy ... Petitioner Vs.

1. The District Registrar Administration Office of District Registrar Kanchipuram District Kanchipuram

2. The Joint Sub Registrar-II Office of Joint Sub Registrar Kanchipuram

3. M.Sekar Babu

4. S.Ragunathan

5. K.Sathyanarayana @ Sathya ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the 1st respondent to consider and pass orders on the petitioner's representation dated 26.06.2021 and reminder dated 04.09.2023 seeking to cancel the General Power of Attorney bearing Doc. No.6664 of 2019 dated 15.11.2019, registered on the file of the 2nd respondent.

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For Petitioner : Mr.G.Jeremiah For Respondents : Mr.Yogesh Kannadasan Special Government Pleader for R1 and R2

ORDER

This Writ Petition is filed seeking to issue a Writ of Mandamus directing the 1st respondent to consider and pass orders on the petitioner's representation dated 26.06.2021 and reminder dated 04.09.2023 seeking to cancel the General Power of Attorney bearing Doc. No.6664 of 2019, dated 15.11.2019, registered on the file of the 2nd respondent. 2.Today, when the matter was taken up for hearing, the learned counsel for the petitioner submitted that it would suffice if a direction is issued to the 1st respondent to dispose of the petitioner's representation dated 26.06.2021 and reminder dated 04.09.2023, within a stipulated time as may be fixed by this Court.

3.Mr.Yogesh Kannadasan, learned Special Government Pleader who takes notice for the respondents 1 and 2 submitted that the 1st respondent may be directed to dispose of the petitioner's representation dated 26.06.2021 and reminder dated 04.09.2023 and pass orders on merits in accordance with law within a stipulated time.

4. Since no adverse order is passed by this Court against the 2/5

respondents 3 to 5 herein, notice to the respondents 3 to 5 is dispensed with.

5. Having regard to the submissions made by the learned counsel on either side and taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the 1st respondent to consider the petitioner's representation dated 26.06.2021 and reminder dated 04.09.2023 and conduct enquiry and pass orders on merits and in accordance with law, after giving notice and opportunity of hearing to the petitioner as well as the private respondents 3 to 5 and interested parties/rival claimants if any, within a period of two months from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of at the admission stage itself. There shall be no order as to costs. 15.12.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No 3/5

To

1. The District Registrar Administration Office of District Registrar Kanchipuram District Kanchipuram

2. The Joint Sub Registrar-II Office of Joint Sub Registrar Kanchipuram 4/5

P.VELMURUGAN. J.

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