Suresh L v. The Inspector General Of Registration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE 1.L.Suresh 2.G.Menaka ... Petitioner Vs.
1.The Inspector General of Registration, Santhome High Road, Chennai.
2.The District Registrar, Periyakulam.
3.The Sub-Registrar, Theni.
4.V.Paramasivan 5.T.Rajeswara Pandian 6.A.Murugan 7.J.M.Asan Moulana ... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to conduct inquiry with regard to fraudulent registration of Doc.Nos.2683/2020 dated 27.02.2020 & 9218/2020 dated 19.11.2020 registered on the file of the third respondent office on the basis of Circulars dated 31.07.2018, 24.04.2012, 09.04.2018, 02.02.2013 and 09.10.2018 by considering the petitioner's representation dated 05.01.2022.
For Petitioner : Mr.K.K.Udayakumar For Respondents 1 to 3 : Mr.S.Shanmugavel Additional Government Pleader
O R D E R
*********** This writ petition has been filed for a Mandamus seeking for a direction to the second respondent to conduct inquiry with regard to the alleged fraudulent registration of Doc.Nos.2683/2020 dated 27.02.2020 & 9218/2020 dated 19.11.2020 registered on the file of the third respondent office on the basis of Circulars dated 31.07.2018, 24.04.2012, 09.04.2018, 02.02.2013 and 09.10.2018 based on the petitioner's representation dated 05.01.2022 and pass final orders within a time frame to be fixed by this court. 2.According to the petitioner the aforementioned documents have been fraudulently registered by fourth to seventh respondents. The 1/3
petitioner has given a representation on 05.01.2022 to the official respondents seeking for cancellation of those documents. Since the said representation has not been considered till date, he has filed this writ petition.
3.Heard Mr.K.K.Udayakumar, learned Counsel for the writ petitioner and Mr.S.Shanmugavel, learned Additional Government Pleader who accepts notice on behalf of respondents 1 to 3. 4.On instructions, learned Additional Government Pleader would submit that enquiry on the petitioner's representation dated 05.01.2022 has already commenced. The said statement is recorded. 5.Since the enquiry has already commenced, no prejudice would be caused to the official respondents if a direction is given to the third respondent to pass final orders on the petitioner's representation dated 05.1.2022.
6.Accordingly, this Court directs the third respondent to complete the enquiry on the petitioner representation dated 05.01.2022 seeking for cancellation of the documents namely Doc.Nos.2683/2020 dated 27.02.2020 & 9218/2020 dated 19.11.2020 registered on the file of the third respondent office on the basis of Circulars dated 31.07.2018, 24.04.2012, 09.04.2018, 02.02.2013 and 09.10.2018 and submit a report to the second respondent after affording a fair opportunity of hearing to the petitioner and respondents 4 to 7 and other necessary parties, if any. Based on the third respondent's enquiry report, the second respondent is directed to pass final orders on merits and in accordance with law. The entire exercise shall be completed within a period of twelve [12] weeks from the date of receipt of a copy of this order. 7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.
Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) MR NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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To 1.The Inspector General of Registration, Santhome High Road, Chennai.
2.The District Registrar, Periyakulam.
3.The Sub-Registrar, Theni.
+1 CC to M/s.K.K.UDAYA KUMAR, Advocate( SR-8887[F] dated 25/02/2022 ) +1 CC to M/s.SPL GP ( SR-8350[F] dated 24/02/2022 ) 23.02.2022 MGJ(08.03.2022) 3P 6C 3/3