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Madras High CourtWP(MD)/12640/2023disposed of

Kallar Kavi Kazhagam v. The Inspector General Of Registration

2023-05-25Honourable Mr Justice M.S. Ramesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.05.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.12640 of 2023 Kallar Kavi Kazhagam Rep.by its Secretary, P.Pandian, Pasumpon Muthuramalinga Thevar College, Usilampatti-625 532, Madurai District.

... Petitioner /vs./ 1.The Inspector General of Registration, O/o.The Inspector General of Registration, Santhome, Chennai-600 028.

2.The Deputy Inspector General of Registration, Madurai Region, Integrated Registration Office, Rajakambeeram, Thirumogur Road, Madurai-625 107.

3.The District Registrar, Madurai South, Palace Road, Madurai.

4.Dr.O.Chandran ... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner explanation dated 17.04.2023 and its consequential remainder representation dated 08.05.2023 before passing any final orders in pursuance to the complaint lodged by the fourth respondent. For Petitioner : Mr.C.Senthil Murugan For Respondents : Mr.P.T.Thiraviyan Government Advocate for R1 to R3

ORDER

By consent, the writ petition is taken up for final hearing at the admission stage itself.

2. This writ petition has been filed for a mandamus directing the respondents 1 to 3 to consider the petitioner's explanation dated 17.04.2023 and its consequential reminder representation dated 08.05.2023 before passing any final orders in pursuance to the complaint lodged by the fourth respondent. 2/5

3. In the enquiry conducted by the 2nd respondent to the notice issued dated 28.03.2023 in Na.Ka.No.9041/Aa3/2022, the petitioner has given an explanation on 17.04.2023. The petitioner now apprehends that his explanation would not be considered when final orders are passed. It is needless to point out that whenever final orders are passed, based on the enquiry conducted, the concerned respondent is duty bound to consider the explanation while passing final orders.

4. In this background, there shall be a direction to the respondents 1 and 3 to consider the petitioner's explanation before passing final orders in the enquiry. Such final order shall be passed within a period of six weeks from the date of receipt of a copy of this order.

The writ petition is disposed of with the aforesaid direction. No costs. 25.05.2023 Internet : Yes / No RR 3/5

To 1.The Inspector General of Registration, O/o.The Inspector General of Registration, Santhome, Chennai-600 028.

2.The Deputy Inspector General of Registration, Madurai Region, Integrated Registration Office, Rajakambeeram, Thirumogur Road, Madurai-625 107.

3.The District Registrar, Madurai South, Palace Road, Madurai.

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M.S.RAMESH, J.

RR Order made in W.P.(MD) No.12640 of 2023 Dated:

25.05.2023 5/5