Md.Valiullah Sharif v. Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.12.2018

CORAM

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P.No.33312 of 2018 Md.Valiullah Sharif .. Petitioner Vs.

1. Inspector General of Registration, Santhome High Road, Chennai.

2. District Registrar (Administration) South Chennai, No.9, Jeenis Road, Saidapet, Chennai.

3. The Sub-Regitrar, Sub-Register Office, Velachery, Chennai - 42.

4.D.John 5.Mrs.Radhika Vedagiri

6. Mrs.Reena Rathish

7. R.Sakthivel 8.G.D.Sukumaran 9.Shaik Allaudeen .. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to conduct enquiry proceedings in accordance with the letter bearing No.41530/U1/2017 dated 8/11/2017 issued by the 1st respondent.

For Petitioner : Mr.D.Kanagasundaram For Respondents 1 to 3 : Mr.M.Thamizharasan Government Advocate

O R D E R

By consent of both parties, the Writ petition is taken up for final disposal at the admission stage itself.

2.The petitioner has come up with this writ petition seeking a direction to the second respondent to conduct enquiry proceedings in accordance with the letter bearing No.41530/U1/2017 dated 8/11/2017 issued by the first respondent. 3.According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 14.03.2012 to the first respondent seeking to remove the wrong entires and cancel the Power of Attorney and Sale Deed in Plot No.123 comprised in Survey No.90/1, measuring to an extent of 4321 sq.ft situated at No.154, Madipakkam Village, Srinivasa Nagar Tambaram Taluk. The first respondent issued a Circular dated 08.11.2017 vide its letter No.

41530/U1/2017, in which, certain directions had been issued to the District Registrar to deal with the complaint made relating to the fraudulent registration without adhering to the guidelines issued in that regard. The petitioner has also made complaints before the Commissioner of Police, Chennai in this regard on various dates and an F.I.R was also registered. Since the respondents did not conduct any enquiry based on his complaints, the petitioner has filed this Writ Petition seeking for the relief stated supra.

4. Heard Mr.M.Thamizharasan, learned Government Advocate on behalf of the respondents 1 to 3.

5. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the representation/complaints, directs the second respondent to conduct an enquiry in the light of the circular dated 08.11.2017 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner, the respondents 4 to 9 herein as well as any of the interested parties and also affording them an opportunity of personal hearing within a period of six weeks from the date of receipt of a copy of this order.

6.With the above directions, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar av/rsi

To

1. The Inspector General of Registration, Santhome High Road, Chennai.

2. District Registrar (Administration) South Chennai, No.9, Jeenis Road, Saidapet, Chennai.

3. The Sub-Regitrar, Sub-Register Office, Velachery, Chennai - 42.

+1 cc to Mr.K.Danagasundaram, Advocate Sr.No.86952 +1 cc to The Government Pleader, Sr.No.87443 W.P.No.33312 of 2018 AK(CO) CSL/22.01.2019