Madras High CourtWP(MD)/5672/2023disposed of

Navaneethakrishna v. The District Registrar

2023-03-27Honourable Mr Justice C.V. Karthikeyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Navaneethakrishnan ... Petitioner Vs.

1. The District Registrar, Tenkasi Registration District, Tenkasi.

2. The Sub Registrar, Idaikal Sub Registrar Office, Tenkasi District.

3. The Tahsildar, Kadayanallur, Tenkasi District.

4. K.Seenikalanjiyam

5. Marthanda Boopathy ... Respondents (R3 is suo motu impleaded and R3 and R4 rank rearranged as R4 and R5 vide Court order dated 16.03.2023 in W.P.(MD)No.

5672 of 2023 by CVKJ)

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the first respondent to conduct and complete the enquiry proceedings relating to case in Na.Ka.No. 2518/Aa2/2021 and to cancel the forgery settlement deed in Doc.No. 189/2018, dated 22.01.2018 on the file of the second respondent. For Petitioner :

Mr.A.Sankararamasubramanian For Respondents :

Mr.C.Satheesh Government Advocate for R1 & R2 Mr.N.Muthu Vijayan Special Government Pleader for R3 Mr.D.Gokul Naath for R4 and R5

O R D E R

This Writ Petition has been filed in the nature of mandamus seeking a direction against the first respondent, the District Registrar, Tenkasi Registration District, Tenkasi to complete the enquiry proceedings in Na.Ka.No.2518/Aa2/2021 and to cancel the settlement deed registered as Document No.189/2018 on 22.01.2018 by the second respondent, the Sub Registrar, Idaikal Sub Registrar Office, Tenkasi District.

2. This Court had suo motu impleaded the Tahsildar, Kadayanallur, Tenkasi District as third respondent.

3. Notices had been directed to the respondents 4 and 5 and the learned counsel had entered appearance.

4. In the affidavit filed in support of the Writ Petition, it had been stated that an enquriy is now pending before the first respondent.

5. In view of the fact that such enquiry is pending, it may not be appropriate on the part of this Court to examine it in detail. I would leave that privilege to the first respondent to issue notice to all parties concerned, examine the facts and then pass orders on the said petition now pending before him. The said exercise to be completed by the first respondent within a period of sixteen weeks from the date of receipt of a copy of this order.

6. This Writ Petition stands disposed of. There shall be no order as to costs.

27.03.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To

1. The District Registrar, Tenkasi Registration District, Tenkasi.

2. The Sub Registrar, Idaikal Sub Registrar Office, Tenkasi District.

3. The Tahsildar, Kadayanallur, Tenkasi District.

C.V.KARTHIKEYAN, J.

vji 27.03.2023