Madras High CourtWP(MD)/6578/2023disposed of

Dhanapal. R v. The District Registrar

2023-03-27Honourable Mr Justice C.V. Karthikeyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN R.Dhanapal ... Petitioner Vs.

1.The District Registrar District Registrar Office, Court Campus, Cantonment, Trichirapalli District.

2.V.Sudhakar ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to consider representation of the petitioner dated 04.04.2022 and conduct enquiry and dispose the same.

For Petitioner : Mr.A.Chandrakumar For Respondents : Mr.M.Prakash - for R1 Additional Government Pleader 1/4

O R D E R

The petitioner had given a representation questioning an Adoption Deed, dated 05.12.2012 which had been registered by the Sub-Registrar, Registrar Office, Srirangam. The petitioner had taken recourse to Section 68(2) of the Registration Act, 1908. It is stated that the first respondent instead of passing orders in the said representation had orally informed the petitioner that he has no such powers to enquire into the validity of the Adoption Deed and that only a civil Court would be the competent forum for examination of the representation of the petitioner herein.

2. Let the first respondent pass necessary orders in writing, but before he does that let the first respondent also issue notice to the second respondent V.Sudhakar, son of Varadharajan, residing at Kizhatheru, Melur, Srirangam Taluk, Trichy District, and thereafter, conduct an enquiry and if it is within his powers, pass necessary orders on the basis of the representation dated 04.04.2022 and if it is not within his powers, pass necessary orders with reasons. The entire exercise must 2/4

be completed within a period of twelve (12) weeks from the date on which the second respondent appears before the first respondent for enquiry.

3. With the above direction, this writ petition stands disposed of. No costs.

27.03.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No rm To 1.The District Registrar District Registrar Office, Court Campus, Cantonment, Trichirapalli District.

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C.V.KARTHIKEYAN, J.

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