Madras High CourtWP(MD)/8161/2018disposed of

P.Sasikumar v. The Inspector General Of

2018-04-16Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.8161 of 2018 P.Sasikumar ... Petitioner vs.

1.The Inspector General of Registration Department of Registration Santhome High Road, Chennai - 6 2.The District Registrar Department of Registration Karaikudi Registration District Sivagangai District 3.The Sub Registrar Sub Registrar Office Karaikudi, Sivagangai District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the third respondent to register the petitioner's marriage along with Divya Bharathi on 28.07.2017 based on the Section 3 of Tamil Nadu Registration Act, 2009.

For Petitioner : Mr.P.Muthusamy For Respondents : Mr.S.Nagarajan Special Government Pleader for R1 Mr.Murugan Government Advocate for R2 & R3

O R D E R

Mr.S.Nagarajan, learned Special Government Pleader, takes notice for the first respondent and Mr.Murugan, learned Government Advocate, takes notice for the respondents 2 and 3.

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 application dated 09.08.2017 seeking to register his marriage held on 28.07.2017 with Divya Bharathi, has not been considered by the third respondent till date and therefore, he has filed the present writ petition https://hcservices.ecourts.gov.in/hcservices/

4. This Court has not expressed any of its view with regard to the merits of the application made by the petitioner. It is

needless to point out that whenever an application 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 application within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the third respondent to consider the petitioner's application dated 09.08.2017 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.

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

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To:

1.The Inspector General of Registration, Department of Registration, Santhome High Road, Chennai - 6.

2.The District Registrar, Department of Registration, Karaikudi Registration District, Sivagangai District.

3.The Sub Registrar, Sub Registrar Office, Karaikudi, Sivagangai District.

+1cc to M/S.P.Muthusamy, Advocate SR.No. 61874 +1cc to Special Government Pleader, SR.No. 61423 W.P.(MD) No.8161 of 2018 16.04.2018 krk JM/RSK/SAR 4/27.04.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/