Madras High CourtWP(MD)/11480/2019disposed of

Samarasam v. The District Registrar

2019-04-30Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2019

CORAM

THE HON'BLE Mr.JUSTICE G.R.SWAMINATHAN W.P.(MD) No.11480 of 2019 and W.M.P.(MD).Nos.8743 & 8744 of 2019 1.Samarasam 2.Petchimuthu Thevar 3.Pooliah Thevar 4.Murugan 5.Sudalaimani 6.Ramesh 7.Seenisamy 8.Petchiammal 9.Marudiah 10.Gurusamy 11.Murugan 12.Muthupandi 13.Vellaidurai 14.Sudalai 15.Palanikumar 16.Veiyilachi 17.Muthusamy 18.Porchelvi 19.Chelladurai 20.Periyamadan 21.Gurusamy 22.Madasamy 23.Chelliah 24.Muthumari 25.Mariappan 26.Kodandaraman 27.Mookiah 28.Palraj 29.Petchimuthu 30.Ramachandran ... Petitioners -vs1. The District Registrar, District Registrar's Office, Palayankottai, Tirunelveli District.

2. The Sub Registrar, Sub Registrar's Office, Kayathar, Kovilpatti Taluk, Tirunelveli District.

3.Praveen Yadav ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records pertaining to the impugned notice issued by the first respondent in Na.Ka.No.1300/A3/2019, dated 22.04.2019 and quash the same as illegal.

For Petitioner : Mr.K.Gokul For R-1 & R-2 : Mr.M.Murugan Government Advocate

O R D E R

Heard the learned counsel on either side.

2. By consent of both parties, the main Writ Petition is taken up for final disposal at the admission stage itself. 3.The learned counsel appearing for the writ petitioners questions the impugned notice dated 22.04.2019, issued by the first respondent. He points out that the petition given before the first respondent is for annulling certain registered documents.

4.It is made clear that the first respondent does not have an authority or power to annul the registration of any document. However, the first respondent can hold an enquiry in terms of the Letter Bearing No.41530/U1/2017, dated 31.07.2018, issued by the Inspector General of Registration, Chennai.

5.The petitioners' counsel further submitted that the petitioners could not appear for the enquiry since they have already filed this Writ Petition.

6.Therefore, the first respondent is directed to issue a fresh notice of enquiry.

7.In view of the above, the Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS )

1. The District Registrar, District Registrar's Office, Palayankottai, Tirunelveli District.

2. The Sub Registrar, Sub Registrar's Office, Kayathar, Kovilpatti Taluk, Tirunelveli District.

+1 CC to Mr.K.GOKUL, Advocate ( SR-64481[F] dated 30/04/2019 ) +1 CC to SPECIAL GOVERNMENT PLEADER ( SR-65082[F] dated 02/05/2019 ) W.P.(MD) No.11480 of 2019 30.04.2019 tsg AE/ (14.05.2019) 3P 5C