V.Vishwanadha Gurukkal v. The District Registrar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.16349 of 2018 V.Vishwanadha Gurukkal ... Petitioner vs.

1. The District Registrar Theni District, Theni.

2. The Sub Registrar Chinnamanur Sub-Registrar Office Chinnamanur, Theni District 3.P.N.Manikandan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents 1 and 2 to conduct proper enquiry by considering the petitioner's representation dated 21.07.2018.

For Petitioner :

Mr.B.Vinoth Kumar For Respondents No.1 and 2 :

Mr.M.Murugan Government Advocate

O R D E R

Mr.M.Murugan, learned Government Advocate., takes notice for first and second respondent. Notice to the third respondent is dispensed with in view of nature of the order to be passed by this Court.

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 21.07.2018 seeking to conduct proper enquiry relating to fraudulent transactions, has not been considered by the respondents 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 respondents are 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 their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time. https://hcservices.ecourts.gov.in/hcservices/

5. In view of the limited prayer sought for in this writ

petition, there shall be a direction to the first respondent to consider the petitioner's representation dated 21.07.2018 on its own merits and take further action in accordance with law, as expeditiously as possible 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 third respondent and to any other 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 (T&P) /Truecopy/ Sub Assistant Registrar (CS-III) To

1. The District Registrar Theni District, Theni.

2. The Sub Registrar Chinnamanur Sub-Registrar Office Chinnamanur, Theni District.

+1cc to Mr.B.VINOTH KUMAR, Advocate, SR.No. 75377 +1cc to M/s.Special Government Pleader,SR.No. 75345 W.P.(MD) No.16349 of 2018 26.07.2018 AAV KK/SKN/SAR-3/07.08.2018/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/