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Madras High CourtWP(MD)/18100/2017disposed of

Jamal Mohideen,S/O.Ahamed Kani v. The Inspector General Of

2017-09-22Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 22.09.2017

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD)No.18100 of 2017 and W.M.P(MD)No.14564 of 2017 Jamal Mohideen Son of Ahamed Kani, represented by his power Agent Mr.Nagoor Meeran ... Petitioner Vs

1. The Inspector General of Registration, Office of the Inspector General of Registration, Santhome, Chennai.

2. The District Collector, Tirunelveli District, Tirunelveli.

3. The District Registrar, Office of the District Registrar, Tirunelveli District, Tirunelveli.

4. The Sub-Registrar, Panpozhi Sub-Registrar Office, Panpozhi, Tirunelveli District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned registration dated 05.04.2017 in Document No.540 of 2017 made by the respondent No.4 and to quash the same and consequently to direct the respondents to delete the encumbrance made in Document No.540 of 2017 by considering the Petitioner's representation dated 29.08.2017.

For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.C.Selvaraj Special Govt.Pleader

ORDER

The Petitioner has filed this Writ Petition seeking issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned registration dated 05.04.2017 in Document No.540 of 2017 made by the respondent No.4 and to quash the same and consequently to direct the respondents to delete the encumbrance made in Document No.540 of 2017 by considering the Petitioner's representation dated 29.08.2017. 2.Mr.C.Selvaraj, learned Special Government Pleader takes notice for the respondents.

3.By consent of both parties, the main Writ Petition is taken up for disposal, at the admission stage itself. 4.Though the Petitioner filed this Writ Petition challenging the impugned registration, dated 5.4.2017, Mr.S.M.A.Jinnah, learned counsel for the Petitioner would submit that it would suffice if a direction is given to the first respondent to consider the representation of the Petitioner, dated 29.8.2017, within a reasonable time fixed by this Court. 5.The learned Special Government Pleader appearing for the respondents would submit that the representation of the Petitioner will be considered as per law, within the time frame fixed by this Court.

6.Considering the submission made by the learned counsel for the Petitioner, without going into the merits of the case, this Court directs the first respondent to consider the representation of the Petitioner, dated 29.08.2017 on merits and in accordance with law and pass orders on the same, after giving notice to the Petitioner and other interested parties, if any, as expeditiously as possible, preferably within a period of twelve weeks from the date of receipt of a copy of this order.

7.With the above direction, the Writ Petition stands disposed of. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar

To

1. The Inspector General of Registration, Office of the Inspector General of Registration, Santhome, Chennai.

2. The District Collector, Tirunelveli District, Tirunelveli.

3. The District Registrar, Office of the District Registrar, Tirunelveli District, Tirunelveli.

4. The Sub-Registrar, Panpozhi Sub-Registrar Office, Panpozhi, Tirunelveli District.

+1cc to Special Government Pleader, SR.No.81134. W.P(MD)No.18100 of 2017 and W.M.P(MD)No.14564 of 2017 22.09.2017 vsn SDS/SV:MMS/SAR 1/04.10.2017/3P/6C