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Madras High CourtWP(MD)/1331/2014closed

S.Gunaseelan S/O Late Seeni v. The Inspector General Of

2017-06-06Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 06.06.2017

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD)No.1331 of 2014 and M.P(MD)No.2 of 2014 S.Gunaseelan ..Petitioner Vs

1. The Inspector General of Registration, Santhome High Road, Chennai-4.

2. The District Registrar(Administration), Periyakulam, Theni District.

3. The Sub-Registrar, Andipatti Sub-Registration Office, Theni District.

4. Rathinam ..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records of the proceedings of the second respondent in Na.Ka.No.1767/E2/2012, dated 16.4.2013 and to quash the same.

For Petitioner : M/s.S.Natarajan For Respondents : Mr.D.Muruganandam 1 to 3 Addl.Govt.Pleader For Respondent-4 : M/s.S.Sukumar

ORDER

The prayer in the Writ Petition is to call for the records of the proceedings of the second respondent in Na.Ka.No.1767/E2/2012, dated 16.4.2013 and to quash the same.

2.The second respondent based on the complaint given by the fourth respondent, conducted an enquiry and issued a direction under Section 83 of the Indian Registration Act to register a complaint against the Petitioner. Aggrieved over the said order, the present Writ Petition is filed.

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3.It is represented by the learned counsel for the fourth respondent that even before issuance of the direction impugned in this Writ Petition, a criminal case was registered against the Petitioner in Crime No.48 of 2012 under Sections 120(B), 465, 468, 471, 420, 294(b) and 506(ii) of IPC and after investigation, the Police has filed a Final Report. The learned counsel has also produced a copy of the Final Report, which was taken on file in C.C.No.12 of 2016, on the file of the Special Court for Land Grabbing, Theni. .

4.In view of the above fact, even the Police cannot register a case against the Petitioner based on the impugned order. In view of the same, no further adjudication is necessary in this Writ Petition.

5.Recording the same, the Writ Petition stands closed. Consequently, connected Miscellaneous Petition is closed. No costs.

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

1. The Inspector General of Registration, Santhome High Road, Chennai-4.

2. The District Registrar(Administration), Periyakulam, Theni District.

3. The Sub-Registrar, Andipatti Sub-Registration Office, Theni District.

+1cc to M/S.S.Natarajan, Advocate SR.No. 58744 +1cc to M/S.S.Sukumar, Advocate SR.No. 58985 W.P(MD)No.1331 of 2014 and M.P(MD)No.2 of 2014 06.06.2017 Vsn MAS/JC/SAR 2/19.06.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/