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Madras High CourtWP(MD)/15425/2019disposed of

M.Kannan v. The Inspector General Of Registration

2019-07-10Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.15425 of 2019 M.Kannan

...Petitioner

-Vs1.The Inspector General of Registration, No.100, Santhome High Road, Raja Annamalaipuram, Chennai-28.

2.The District Registrar, Madurai.

3.The Sub Registrar, Thallakulam Sub Registrar Office, Madurai.

4.A.Akbar

...Respondents

Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 27.06.2019 and conduct enquiry in accordance with law within a stipulated time period.

For Petitioner : Mr.C.Senthil Murugan For Respondents : Mr.V.Anand (for R1 to R3) Government Advocate

ORDER

The prayer in this writ petition is for a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 27.06.2019 and conduct enquiry in accordance with law, within a stipulated time.

2.Heard Mr.C.Senthil Murugan, learned counsel appearing for the petitioner and Mr.V.Anand, learned Government Advocate appearing for the respondents 1 to 3. Since no adverse order is going to be passed against the fourth respondent, notice to him is dispensed with.

3.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 4.The petitioner has given a representation to the respondent, especially, the second respondent on 27.06.2019 with the request to conduct an enquiry with regard to the document Nos.1207, 1208, 1238 and 1239/19, dated 18.03.2019 and 19.03.2019. The said enquiry sought for by the petitioner to be conducted by the second respondent is under Section 68(2) of the Registration Act and https://hcservices.ecourts.gov.in/hcservices/

therefore, the learned counsel appearing for the petitioner seeks indulgence of this Court to give a direction to the second respondent to consider the petitioner's representation and pass order thereon, within a time frame.

5.I have heard Mr.V.Anand, learned Government Advocate appearing for the respondents 1 to 3, who would submit that, the said representation of the petitioner, dated 27.06.2019, would be considered and decided, on merits and if need be, an enquiry under Section 68(2) of the Registration Act will be conducted by the second respondent, after giving notice to the petitioner as well as the fourth respondent.

6.Considering the said submissions made by both sides, this Court is inclined to dispose of this writ petition with the following directions:- "that the second respondent is hereby directed to consider the representation of the petitioner dated 27.06.2019 and pass orders thereon, on merits and in accordance with law, after giving an opportunity of being heard to both the petitioner as well as the fourth respondent, by issuing separate notices to them and needful shall be done by passing final order, within a period of eight weeks from the date of receipt of a copy of this order.

No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) To 1.The Inspector General of Registration, No.100, Santhome High Road, Raja Annamalaipuram, Chennai-28.

2.The District Registrar, Madurai.

3.The Sub Registrar, Thallakulam Sub Registrar Office, Madurai.

+1 CC to Mr.C.SENTHIL MURUGAN, Advocate SR-74491. +1 CC to SPL GP SR-75040.

W.P.(MD)No.15425 of 2019 10.07.2019 CS(29.08.2019) P C https://hcservices.ecourts.gov.in/hcservices/