V.Govindaraj v. The District Register

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.9745 of 2018 V.Govindaraj ... Petitioner vs.

1. The District Registrar, O/o The District Registrar, 7/35, Round Road, Dindigul, Dindigul District - 624 003.

2. The Joint Sub-Registrar - I, O/o Joint Sub-Registrar Office, 7/35, Round Road, Dindigul, Dindigul District - 624 003.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent to make an entry or take necessary steps to register the order passed by this Court dated 15.11.2017 in W.P.(MD) No. 19855/2015, in the book No.1 which is maintained in the office of the 2nd respondent.

For Petitioner :

Mr.R.Saravanakumar For Respondents :

Mr.Murugan, Government Advocate

O R D E R

Mr.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 09.04.2018 seeking to to make an entry or take necessary steps to register the order passed by this Court dated 15.11.2017 in W.P.(MD) No. 19855/2015, in the book No.1 which is maintained in the office of the 2nd respondent, has not been considered by the respondent No.2, 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 https://hcservices.ecourts.gov.in/hcservices/

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 second respondent to consider the petitioner's representation dated 09.04.2018 on its own merits and take further action in accordance with law, within a period of eight 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 as well as to M.Vengidusamy and B.Vijayalakshmi respondents in W.P.(MD) No.19855 of 2015 and any other persons who may be interested in the subject matter.

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

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To:

1. The District Registrar, O/o The District Registrar, 7/35, Round Road, Dindigul, Dindigul District - 624 003.

2. The Joint Sub-Registrar - I, O/o Joint Sub-Registrar Office, 7/35, Round Road, Dindigul, Dindigul District - 624 003.

TM VB/SV/MMS/SAR2/15/05/2018/2P/3C W.P.(MD) No.9745 of 2018 27.04.2018 https://hcservices.ecourts.gov.in/hcservices/