Y. Hakkim, v. The Joint Registrar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.17402 of 2018 Y.Hakkkim ... Petitioner vs.

The Joint Registrar, Sub Registrar Office, Ramanathapuram, Ramanathapuram District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the respondent to consider the representation given by the petitioner dated 13.07.2018 sent on 17.07.2018 within the time stipulated by this Court. For Petitioner :

Mr.K.Sivabalan For Respondents :

Mr.M.Murugan, Government Advocate.

O R D E R

Mr.M.Murugan, learned Government Advocate, takes notice for the respondents.

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

3. It is the grievance of the petitioner that his representation dated 13.07.2018, seeking for a relief that a decreetal order was passed in his favour and he wants to register the decreetal order under Section 17 of Registration Act, has not been considered by the respondent till date and therefore, he has filed the present writ petition.

4. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under

Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the respondent to consider the petitioner's representation dated 13.07.2018 on its own merits and take further action in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner and any other persons who may be interested in the subject matter.

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

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS-I) cp To:

The Joint Registrar, Sub Registrar Office, Ramanathapuram, Ramanathapuram District.

+1cc to Spl Government Pleader, SR No.77295 +1cc to Mr.K.Sivabalan SR No.77364 W.P.(MD) No.17402 of 2018 DS(NM)/SKN/SAR 1/25.09.18/2P/4C