Muthuvalli v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and W.M.P(MD)No.6739 of 2023 Muthuvalli ... Petitioner Vs.

1.The District Registrar Office of the District Registrar, Karaikudi, Sivagangai District.

2.The Sub Registrar Office of the Sub Registrar, Devakottai, Sivagangai District.

3.The Village Administrative Officer, Kandadevi Village, Devakottai Taluk, Sivagangai District.

4.Lakshmi 5.R.Guhan ... Respondents 1/6

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order issued by the first respondent herein in Na.Ka.No.3373/A4/2022 dated 09.09.2022 and quash the same as illegal and unconstitutional and consequently directing the first respondent to conduct an enquiry afresh on the complaint given by the petitioner dated 08.09.2022 and file a report. For Petitioner : Mr.S.Kanagarajan For Respondents : Mr.M.Prakash - for R1 to R3 Additional Government Pleader

O R D E R

The writ petition has been filed questioning an order passed by the first respondent / District Registrar, Karaikudi, Sivagangai District, in Na.Ka.No.3373/A4/2022, dated 09.09.2022, whereby, the first respondent had refused to take the complaint given under Section 77(A) of the Registration Act, 1908, on record, but directed the petitioner herein to produce the documents relating to his locustandi, relating to the fact that the document which are sought to be cancelled or fraudulently 2/6

prepared documents are documents prepared through impersonation and proof for all those assertions.

2. Let the petitioner herein, produce all the necessary documents before the first respondent and if it is done so, I am confident that the first respondent would pass necessary orders in the manner known to law.

3. The learned Additional Government Pleader states that the death certificate and legal heirship certificate must also be produced along with necessary documents.

4. Time is granted for the petitioner for produce further documents within a period of four weeks and if those documents are produced, then the first respondent may examine the documents and if satisfied, proceed further, otherwise inform the reasons for not proceeding further. From the date on which the petitioner produces further documents, the first respondent may pass necessary orders within a period of twelve (12) weeks.

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5. No further orders are required.

6. With the above direction, the Writ Petition stands disposed of even without issuing notice to the fourth and fifth respondents. No costs. Consequently, connected miscellaneous petition is closed.

30.03.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No rm 4/6

To 1.The District Registrar Office of the District Registrar, Karaikudi, Sivagangai District.

2.The Sub Registrar Office of the Sub Registrar, Devakottai, Sivagangai District.

3.The Village Administrative Officer, Kandadevi Village, Devakottai Taluk, Sivagangai District.

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C.V.KARTHIKEYAN, J.

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