N.Balasubramanian v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.14657 of 2018 N.Balasubramanian ... Petitioner vs.

The District Registrar, Office of the District Registrar, Cantonment, Trichy.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondent to consider and pass appropriate order on the representation of the petitioner, dated 04.04.2018 in terms of circular in letter No.41530/U1/2017, dated 08.11.2017, issued by the Inspector General of Registration, Chennai, in accordance with law. For Petitioner :

Mr.N.Sankar Ganesh For Respondent :

Mr.Murugan Government Advocate

O R D E R

Mr.Murugan, learned Government Advocate, takes notice for the respondent.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 3.

It is the grievance of the petitioner that his representation dated 04.04.2018 seeking to cancel the Patta issued in the name of one Kumaran in respect of the property comprised in Survey No.262/1, measuring an extent of 3 Acres 54 Cents, of Serukudi Village, has not been considered by the respondent till date and therefore, he has filed the present writ petition.

4. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondent is duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of his office and as https://hcservices.ecourts.gov.in/hcservices/

such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct him to consider the petitioner's representation within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the respondent to consider the petitioner's representation dated 04.04.2018 in the light of the circular No.41530/U1/2017, dated 08.11.2017, issued by the Inspector General of Registration, Chennai and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner as well as to the persons who may be interested in the subject matter.

6. With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To:

The District Registrar, Office of the District Registrar, Cantonment, Trichy.

+ 1 cc TO Mr.N.Sankar Ganesh , Advocate in SR No. 71781 + 1 cc TO The Special Government Pleader in SR No. 71942 krk AE/PN/SAR1/18.07.2018/2P/4C W.P.(MD) No.14657 of 2018 09.07.2018 https://hcservices.ecourts.gov.in/hcservices/