K.P.Jeyapaul Asan, v. The Inspector General Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD).No.10100 of 2016 K.P.Jeyapaul Asan ... Petitioner Vs.

1.The Inspector General of Registration, Head Office of Registration Department, Chennai.

2.The District Registrar, Department of Registration, Kanyakumari District, Nagercoil.

... Respondents Prayer:-Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 1st respondent to dispose the appeal dated 12.02.2016 given by the petitioner within a stipulated time fixed by this Court. For Petitioner : Mr.C.Sankar Prakash For Respondent : Mr.S.Satheesh Kumar Additional Govt. Pleader

ORDER

Heard both sides.

2.By consent, the main writ petition itself is taken up for final disposal.

3.According to the petitioner, he gave a petition to the first respondent, on 14.11.2011 to cancel the registration of the forged partition deed No.1538/1976 and the sale deed registered thereafter on the basis of the forged partition deed in terms of circular No.67, dated 03.01.2011 of Registration Department. 4.The stand of the petitioner is that the first respondent/Inspector General of Registration had forwarded the petition of the petitioner dated 14.11.2011 to the second respondent/District Collector, Kanyakumari District, Nagercoil, to

dispose of his petition and that the second respondent had passed an erroneous order on 31.12.2015 negativing the request made by the petitioner.

5. Being aggrieved against the order dated 31.12.2015 passed by the second respondent/District Registrar, Kanyakumari District, Nagercoil, the petitioner had preferred an appeal/representation as the case may be before the first respondent/Inspector General of Registration, Chennai, on 12.02.2016 in the subject matter in issue and the same is pending.

6. At this stage, the Learned Additional Government Pleader appearing for the respondents 1 & 2 fairly submits that if sufficient time is provided by this Court, then, the first respondent would pass appropriate orders and as such, prays for 8 weeks time to dispose of the appeal/representation as the case may be, of the petitioner, by the first respondent.

7. Considering the fact that the appeal/representation as the case may be, is pending on the file of the first respondent and the same is pending as on date, this Court, without traversing upon the merits of the matter and also not delving deep into the contents of the appeal/representation, as the case may be, dated 12.02.2016, projected by the petitioner, at this stage, simpliciter, to promote the substantial cause of Justice and in furtherance of Justice, directs the first respondent/Inspector General of Registration, Chennai, to consider and dispose of the appeal/representation as the case may be, dated 12.02.2016, filed by the petitioner, with an open, free and unbiased mind and that too in a dispassionate manner by passing a reasoned, speaking order, on merits, by adverting to the each and every plea taken by the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

8. The petitioner is directed to lend his helping hand and assistance so as to enable the first respondent to dispose of the appeal/representation as the case may be, within the time fixed by this Court.

9.With the aforesaid observation/direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar

To 1.The Inspector General of Registration, Head Office of Registration Department, Chennai.

2.The District Registrar, Department of Registration, Kanyakumari District, Nagercoil.

+1cc to Mr.C.Sankar Prakash,Advocate Sr.No.29088 +1cc to Spl.Government Pleader Sr.No. 29269 vs AA/SKS-RR/16.06.2016/3p-5c Writ Petition (MD).No.10100 of 2016 08.06.2016