Maruthaiah.K v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY K.Maruthaiah ... Petitioner Vs.

1.The State of Tamilnadu, Rep by its Principal Secretary to Government, Fort St.George, Chennai.

2.The Directorate of Vigilance and Anti-Corruption (DVAC), No.293, M.K.N.Road, Alandur, Chennai- 600 016.

3.The Inspector General of Registration, 100, Santhome High Rd, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai - 600 028.

4.The Deputy Inspector General of Registration, Saint Mark Street, Palayamkottai, Tirunelveli-627 002.

5.The District Registrar, Tenkasi Registration District, Tenkasi.

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6.The Sub Registrar, Vasudevanallur Sub Registrar Office, Vasudevanallur.

7.Rajendran, Sub Registrar (Incharge) Junior Assistant, Sivagiri Sub Registrar Office.

8.Maruthathal 9.Sivaprakasam 10.Sivasankaran ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 2 to 5 to conduct a fair and proper enquiry and to take action against the respondents 7 to 10 within a time that may be framed and fixed by this Court. For Petitioner : Mr.Niranjan.S.Kumar For R-1, 3, 4 to 6 : Mr.C.Baskaran, Government Advocate For R-2 : Mr.K.Sanjai Gandhi, Government Advocate ( Criminal Side) For R-7 : Mr.T.Thirumurugan For R-8 to 10 : Mr.S.Velrajan 2/6

ORDER

This Writ Petition is filed for Writ of Mandamus, to direct the respondents 2 to 5 to conduct a fair and proper enquiry and to take action against the respondents 7 to 10.

2. The 8th respondent is the sister of the petitioner. She had executed settlement deed in favour of the respondents 9 and 10 who are the sons of the 8th respondent. The 7th respondent is in-charge Sub Registrar, who has registered the said Settlement Deed. The petitioner is aggrieved by the execution of said settlement deed and registration thereof.

3. The learned Government Advocate appearing for the 6th respondent submitted that based on the complaint of the petitioner, they have already taken disciplinary proceedings against the 7th respondent and has passed an order dated 03.04.2023, wherein the 7th respondent was imposed punishment of compulsory retirement. The contention of the 7th respondent is that the said order was not served to him. Therefore, the learned Government Advocate appearing for the 6th respondent was directed to serve the copy of the said order to the learned Counsel appearing for the 7th respondent and the Learned 3/6

Government had served the same. The 7th respondent is at liberty to challenge the same as per law.

4. As far as the execution of the said settlement deed, the petitioner is at liberty to challenge the same before the competent Civil Court and seek appropriate remedy. The learned Counsel appearing for the petitioner submitted that pending Writ Petition, the petitioner died. Therefore, liberty is granted to the legal heirs of the petitioner to seek appropriate remedy by approaching the competent Civil Court.

5.With these observations and directions, this Writ Petition is disposed of. There shall be no order as to costs.

27.09.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Sml To 1.The State of Tamilnadu, Rep by its Principal Secretary to Government, Fort St.George, Chennai.

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2.The Directorate of Vigilance and Anti-Corruption (DVAC), No.293, M.K.N.Road, Alandur, Chennai- 600 016.

3.The Inspector General of Registration, 100, Santhome High Rd, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai - 600 028.

4.The Deputy Inspector General of Registration, Saint Mark Street, Palayamkottai, Tirunelveli-627 002.

5.The Sub Registrar, Vasudevanallur Sub Registrar Office, Vasudevanallur.

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S.SRIMATHY, J.

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