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Madras High CourtWP(MD)/9967/2022disposed of

Asokan.A.M.S.G v. The Deputy Inspector General Of Registration

2022-05-20Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.9967 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.05.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.9967 of 2022 and W.M.P.(MD).No.7108 of 2022 A.M.S.G.Asokan, The Secretary, M/s. Nadar Mahajana Sangam Sa.Vellaichamy Nadar Kallori Peravai, Nagamalai Pudukottai, Madurai-625 019.

.. Petitioner Vs The Deputy Inspector General of Registration, Integrated Complex of Registration Department, TNAU Nagar, Rajakampeeram, Othakadai, Madurai-625 107.

.. Respondent PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling for the records relating to the impugned proceedings issued by the respondent in his proceedings in Na.Ka.No.3164/A3/2020, dated 09.05.2022 and quash the same as illegal and arbitrary.

For Petitioner : Mr.B.Saravanan For Respondent : Mrs.D.Farjana Ghoushia Special Government Pleader

ORDER

This writ petition has been filed challenging the impugned proceedings dated 09.05.2022 issued by the respondent calling upon the petitioner to come for enquiry on 16.05.2022. The petitioner is aggrieved by the impugned proceedings on the ground that the details of the complaint alleged against the petitioner have not been given in the impugned enquiry proceedings and the basis of the complaint has also not been revealed. In such circumstances, this writ petition has been filed.

2.

Heard Mr.B.Saravanan, learned Counsel for the writ petitioner and Mrs.D.Farjana Ghoushia, learned Special Government Pleader, who accepts notice on behalf of the respondent.

3. The learned Special Government Pleader appearing for the respondent, on instructions, would submit that the enquiry is scheduled to be held on 23.05.2022. Once the petitioner appears for enquiry on 23.05.2022, as per the proceedings of the respondent dated 09.05.2022, the details sought for by the petitioner will be furnished to him. The said undertaking given by the respondent is recorded by this Court.

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W.P.(MD)No.9967 of 2022

4. This Court is of the considered view that once the details are furnished by the respondent as sought for by the petitioner in this writ petition on the enquiry date, ie., 23.05.2022, the petitioner must be granted sufficient opportunity to submit a detailed written explanation denying the charges levelled against the petitioner.

5. This Court is also of the considered view that a month's time can be granted by the respondent to the petitioner to submit its written explanation from 23.05.2022 and on receipt of the written explanation within a period of one month from 23.05.2022, the respondent is directed to pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and other necessary parties, whom the respondent deems fit to enquire, including granting the petitioner the right of personal hearing, within a period of one month thereafter.

6. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Vacation Officer/ Assistant Registrar (RTI) // True Copy // / /2022 Sub Assistant Registrar(CS) PM Note:In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To The Deputy Inspector General of Registration, Integrated Complex of Registration Department, TNAU Nagar, Rajakampeeram, Othakadai, Madurai-625 107.

+1 CC to M/s.B. SARAVANAN, Advocate ( SR-24002[F] dated 23/05/2022 ) +1 CC to M/s.SPL.GP ( SR-24067[F] dated 23/05/2022 ) W.P.(MD)No.9967 of 2022 20.05.2022 NSN(CO)GC(25.05.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2