K.Ramprakash v. The District Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2017
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.22770 of 2017 K.Ramprakash ... Petitioner vs.
1. The District Registrar, District Registrar Office, Court Compound, Cantonment, Trichy - 620 001.
2. The Sub Registrar Joint III, Townhall, Trichy - 2.
3.R.Panjabikesan ... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to pass orders in the enquiry proceedings in Na.Ka.17124/Aa1/2012 dated 16.2.2015 in respect of the document bearing No.5284/2011 and No.448/2012 registered on the file of 2nd respondent.
For Petitioner : Mr.M.P.Senthil For R1 & R2 : Mr.M.Alagathevan Special Government Pleader
ORDER
This writ petition has been filed, seeking a direction to the respondent to pass orders in the enquiry proceedings in Na.Ka.17124/Aa1/2012 dated 16.02.2015 in respect of the documents bearing Nos.5284/2011 and 448/2012, registered on the file of the second respondent.
2.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents 1 and 2. By consent, the writ petition itself is taken up for final disposal at the stage of admission. 3.The case of the petitioner is that he purchased the property in Old S.No.221B/1A, new Survey No.261/1A at
Ariyamangalam Village, bearing Plot No.A3 along with plot No.B1, measuring to an extent of 12,245 square feet by virtue of the sale deed dated 06.12.2004. While so, the petitioner came to know that the third respondent herein is also claiming right over the very same property by virtue of the settlement deed dated 10.02.2012. Hence, the petitioner has submitted a representation to the respondents 1 and 2 to conduct enquiry with regard to the above settlement deed dated 10.02.2012. Since no action has been taken by the respondents 1 and 2, the petitioner has filed WP(MD)No.1924 of 2013 on the file of this Court, and this Court by the order dated 21.08.2014, directed the first respondent to proceed with further enquiry and conclude the same within a period of two months. Pursuant to which, the first respondent has also issued notice to the third respondent in Na.Ka.17124/Aa1/2012 dated 16.02.2015 and conducted enquiry on various dates and subsequently completed the same.
4.The grievance of the petitioner is that the enquiry related to the subject matter has already been completed in the year 2015 and subsequently, no orders are forthcoming till date. Hence the petitioner is before this Court by filing the present writ petition.
5.Considering the facts and circumstances of the case and also considering the grievance expressed on the side of the petitioner, this Court, without going into the merits of the case, directs the first respondent to pass appropriate orders on merits and in accordance with law, in the enquiry proceedings in Na.Ka.17124/Aa1/2012 dated 16.02.2015, within a period of six weeks from the date of receipt of a copy of this order, after hearing the petitioner, if not already heard and any of the interested parties.
6.With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To
1. The District Registrar, District Registrar Office, Court Compound, Cantonment, Trichy - 620 001.
2. The Sub Registrar Joint III, Townhall, Trichy - 2.
+ 1 cc TO Mr.M.P.Senthil , Advocate in SR No. 92435 + 1 cc TO The Special Government Pleader in SR No. 92479 mj AE/SV MMS/SAR2/05.01.2018/3P/5C W.P(MD) No.22770 of 2017 12.12.2017 12.12.2017