J. Mathukannan v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.10.2023

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH J.Mathukannan .. Petitioner

Versus

1.The District Registrar, District Registrar Office, Sivagangai District, Sivagangai.

2.The Sub Registrar, Sub Registrar Office-II, Sivagangai.

3.The Inspector of Police, Sivagangai Town Police Station, Sivagangai.

4.V.Meenakshi .. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to implement the order of the 1st respondent dated 15.06.2016 under Section 83 of Tamil Nadu Registration Act and consequently, direct the 3rd respondent to proceed in accordance with law.

For Petitioner :

Mr.J.John For R1 and R2 :

Mr.A.K.Manikkam Special Government Pleader 1/4

For R3 :

Mr.R.Sivakumar Government Advocate (Criminal side)

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the second respondent to implement the order passed by the first respondent, dated 15.06.2016 and initiate action under Section 83 of the Tamil Nadu Registration Act [hereinafter referred to as ''the Act'']. 2.

Heard Mr.J.John, learned counsel for the petitioner, Mr.A.K.Manikkam, learned Special Government Pleader for the respondents 1 and 2 and Mr.R.Sivakumar, learned Government Advocate (Criminal side) for the third respondent.

3. It is seen from the records that the first respondent has already passed an order through proceedings, dated 15.06.2016, wherein he has directed the second respondent to initiate action under Section 83 of the Act.

4. The grievance of the petitioner is that the second respondent has not acted upon the order of the first respondent and no action has been initiated till date. Left with no other option, the present Writ Petition has been filed before this Court.

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5. Taking into consideration the facts and circumstances of the case and the order passed by the first respondent, through the proceedings dated 15.06.2016, there shall be a direction to the second respondent to act upon the order passed by the first respondent, within a period of four weeks from the date of receipt of a copy of this order.

6. The petitioner is directed to make a fresh representation to the second respondent along with all the relevant documents and also a copy of this order.

7. This Writ Petition is disposed of in the above terms. No costs. NCC : Yes/No 05.10.2023 Index : Yes/No smn2 To 1.The District Registrar, District Registrar Office, Sivagangai District, Sivagangai.

2.The Sub Registrar, Sub Registrar Office-II, Sivagangai.

3.The Inspector of Police, Sivagangai Town Police Station, Sivagangai.

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N.ANAND VENKATESH, J.

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