V.Suresh Kumar v. The Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH V.Suresh Kumar ... Petitioner -vs1.The Inspector General of Registration, Office of the Inspector General of Registration, Chennai.

2.The District Collector, Thoothukudi District, Thoothukudi.

3.The District Registrar, Palayamkottai, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 herein to enquire and dispose the petitioner's representations dated 05.03.2025 and 11.03.2025 on merits within a stipulated time period as prescribed by this Court and direct them to provide opportunity of personal hearing to the petitioner. For Petitioner : Mr.S.Saravanan For Respondents : Mr.P.T.Thiraviam Government Advocate

ORDER

This Writ Petition has been filed seeking a direction to the respondents 1 and 2 herein to enquire and dispose of the petitioner's representations dated 05.03.2025 and 11.03.2025 on merits, within a stipulated time period as prescribed by this Court and direct them to provide an opportunity of personal hearing to the petitioner.

2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. Alleging that the third respondent has acted in favour of a particular group of the Society, the petitioner submitted representations to the respondents 1 and 2, dated 05.03.2025 and 11.03.2025. Since these have not been considered so far, the petitioner has filed the present Writ Petition.

4. Heard both sides.

5. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of

keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of the India and direct them to consider the same within a stipulated time.

6. In the light of the above observations, there shall be a direction to the respondents 1 and 2 herein to consider the petitioner's representations dated 05.03.2025 and 11.03.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and the third respondent, as well as all other persons, who may be interested in the subject matter, within a period of one month from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents 1 and 2 to consider the same on its own merits.

7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.

NCC : Yes / No 14.03.2025 Index : Yes / No

To:- 1.The Inspector General of Registration, Office of the Inspector General of Registration, Chennai.

2.The District Collector, Thoothukudi District, Thoothukudi.

3.The District Registrar, Palayamkottai, Tirunelveli District.

VIVEK KUMAR SINGH , J.

smn2 14.03.2025