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Madras High CourtWP(MD)/11019/2016disposed of

Vasanthamalar, v. The District Registrar

2016-06-22Honourable Mr Justice M. Venugopal2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 22.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.11019 of 2016 Vasanthamalar ..Petitioner Vs 1.The District Registrar, District Registrar's Office, K.M.S.Building, Pattukkottai, Thanjavur District.

2.The Sub-Registrar, Sub-Registrar's Office, Peravurani Taluk, Thanjavur District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first respondent to conduct enquiry under Circular No.67 of the Registration Department and to pass orders in respect of the document No.1319/2015 viz, partition deed, registered by the second respondent, based on the Petitioner's representation, dated 30.12.2015.

For Petitioner :M/s.D.R.Murugesan For Respondents :Mr.K.Mahesh Raja 1 and 2 Govt.Advocate

ORDER

Heard both sides.

2.By consent of both sides, the main Writ Petition itself is taken up for final disposal. No counter is filed on behalf of the Respondents 1 and 2.

3.According to the Petitioner, he submitted documents with a statement before the First Respondent/The District Registrar, District Registrar Office, K.M.S.Building, Pattukkottai, Thanjavur District on 28.2.2016. It appears that the matter is still https://hcservices.ecourts.gov.in/hcservices/

pending. At this stage, the Learned Counsel for the Petitioner brings it to the notice of this Court that the Petitioner had entered appearance in connection with the enquiry before the First Respondent on 28.2.2016 and submitted necessary documents in the subject-matter in issue. Also, it is represented on behalf of the petitioner that notice was issued to the two persons concerned with this issue and the matter is pending at this stage. Hence, the Petitioner has filed the present Writ Petition for the relief stated supra.

4.In view of the fact that the relief sought for by the Petitioner to consider his representation, dated 30.12.2015 and also, this Court taking note of the fact that the enquiry is pending on the file of the First Respondent/The District Registrar, District Registrar Office, K.M.S.Building, Pattukkottai, Thanajvur District, wherein, the Petitioner had also entered appearance, at this stage, this Court, in the interest of justice, Equity and Fair Play, directs the First Respondent to proceed with the enquiry and to pass necessary orders after completing the enquiry, within a period of six weeks from the date of receipt of a copy of this order. It is open to the Petitioner to submit necessary copies of documents/records before the First Respondent( in addition to the documents earlier submitted). The Petitioner is directed to lend his assistance and co-operation to the First Respondent in this regard, to complete the enquiry and to pass necessary orders, within the time limit determined by this Court, as stated supra.

5.With the aforesaid observations and directions, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar To 1.The District Registrar,District Registrar's Office, K.M.S.Building, Pattukkottai, Thanjavur District. 2.The Sub-Registrar, Sub-Registrar's Office, Peravurani Taluk, Thanjavur District.

+1 cc to M/s.D.R.Murugesan, Advocate in SR.No.32156 +1 cc to The Special Government Pleader in SR.No. 32454 vsn CSL/SK-SKN/30.06.2016 : 2p/5c W.P(MD)No.11019 of 2016 22.06.2016 https://hcservices.ecourts.gov.in/hcservices/