Madras High CourtWP(MD)/7057/2022disposed of

Ganesh Pandiyan.P v. The District Registrar (Administration)

2022-04-13Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.7057 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.7057 of 2022 P.Ganesh Pandiyan ... Petitioner /Vs./ 1.The District Registrar (Administration), O/o. The District Registrar Office, Madurai North, Rajakambiram, Oothakadai, Madurai, Madurai District.

2.The Sub Registrar, O/o. The Sub Registrar, Melur, Madurai District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents to release the petitioner's Document Nos. 4605 of 2021, 4606 of 2021 and 4607 of 2021 pending on the file of the 2nd respondent office by considering the petitioner's representations dated 31.01.2022, 28.03.2022 and 01.04.2022 within the period that may be stipulated by this Court.

For Petitioner : Mr.V.Karthik Raja for M/s.Ajmal Associates For Respondents : Mr.S.Shanmugavel Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents herein to release the petitioner's Document Nos. 4605 of 2021, 4606 of 2021 and 4607 of 2021 pending on the file of the 2nd respondent office by considering the petitioner's representations dated 31.01.2022, 28.03.2022 and 01.04.2022, within a time frame to be fixed by this Court.

2.The petitioner claims that the properties mentioned in the aforementioned documents are owned by him absolutely. However, it is the contention of the learned Additional Government Pleader appearing for the respondents that the subject properties belong to a temple.

3.Heard Mr.J.Lawrance, learned Counsel for the writ petitioner and Mr.S.Shanmugavel, learned Additional Government Pleader, who accepts notice on behalf of the respondents.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.7057 of 2022 4.Admittedly, no orders have been passed on the petitioner's representation. No prejudice would be caused to the second respondent, if the petitioner's representations are considered on merits and in accordance with law, after affording a fair hearing to the petitioner and any other necessary party, whom the second respondent deems fit to enquire, including the temple. 5.For the foregoing reasons, this Court directs the second respondent to consider the petitioner's representations dated 31.01.2022, 28.03.2022 and 01.04.2022 requesting to release the petitioner's Document Nos.

4605 of 2021, 4606 of 2021 and 4607 of 2021 pending on the file of the 2nd respondent office and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and any other necessary party, whom the second respondent deems fit to enquire, including the temple, which claims the ownership of the subject properties, within a period of eight (8) weeks from the date of receipt of a copy of this order. 6.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To 1.The District Registrar (Administration), O/o. The District Registrar Office, Madurai North, Rajakambiram, Oothakadai, Madurai, Madurai District.

2.The Sub Registrar, O/o. The Sub Registrar, Melur, Madurai District.

+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-18493[F] dated 13/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-18995[F] dated 18/04/2022 ) W.P.[MD]No.7057 of 2022 13.04.2022 RD(28.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2