Krishnammal.A v. The Deputy Inspector General Of Registration
BEFORE THE MADURAI BENCH OF MADRAS HIGH Court DATED: 30.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH (Through Video Conferencing) A.Krishnammal ... Petitioner Vs.
1.The Deputy Inspector General of Registration Madurai Zone, Madurai.
2.The District Registrar (Admn) Registrar Office, Virudhunagar District.
3.The Sub Registrar, Sathur Sub Registrar Office, Virudhunagar District.
4.V.Kanthasamy 5.K.Selvaraj ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 2nd respondent to conduct an enquiry and the same was disposed within a stipulated time on the basis of the 2nd respondent proceedings in Na.Ka.No.462/Aa4/2021 dated 24.02.2021. For Petitioner :Mr.Banuprasath For Respondents :Mr.M.Lingadurai for R1 to R3 Government Advocate
ORDER
This writ petition has been filed for the issue of a writ of mandamus directing the second respondent to conduct an enquiry in proceedings in Na.Ka.No.462/Aa4/2021 dated 24.02.2021 and pass orders within the time frame fixed by this Court. 2.The case of the petitioner is that the fourth respondent had 1/3
created forged documents by forging the signature of the brother of the petitioner and this document was also registered in the year 1995 before the third respondent. Thereafter the 4th respondent, in turn, had again executed a settlement deed in favour of the 5th respondent in the year 2020 and this was also registered on the file of the third respondent.
3. The petitioner gave a complaint before the first respondent on 16.01.2021 for taking action against the 4th and 5th respondents on the ground that they have indulged in fraudulent transactions. The first respondent forwarded the representation to the second respondent and the second respondent had also initiated proceedings and enquiry notice was also sent to the petitioner on 24.02.2021. The petitioner had appeared and had submitted all the relevant documents on 12.03.2021. The grievance of the petitioner is that thereafter there was absolutely no progress and therefore, the present writ petition has been filed before this Court seeking for appropriate directions.
4. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents 1 to 3.
5. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the second respondent to proceed further with the enquiry, after affording an opportunity to the petitioner and the respondents 4 and 5 and deal with the same on its own merits and in accordance with law and pass final orders within a period of eight weeks from the date of receipt of a copy of this order.
6. The writ petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) RR Note: In view of the present lock down owing to COVID-19 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. 2/3
To 1.The Deputy Inspector General of Registration Madurai Zone, Madurai.
2.The District Registrar (Admn) Registrar Office, Virudhunagar District.
3.The Sub Registrar, Sathur Sub Registrar Office, Virudhunagar District.
+1 CC to M/s.P.BANU PRASATH, Advocate ( SR-20798[F] dated 01/07/2021 ) +1 CC to M/s.SPL GP ( SR-20890[F] dated 01/07/2021 ) 30.06.2021 CN(07.07.2021) 3P 6C 3/3