Madras High CourtWP(MD)/15686/2019disposed of

Salai Thamaraiselvi v. The District Registrar

2019-07-15Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.07.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.15686 of 2019 Salai Thamaraiselvi ... Petitioner -Vs1.The District Registrar, Registration Department, District Court Campus, Pudukkottai District.

2.The Sub Registrar, Sub Registrar Office, Sivan Kovil Street, Keeranur, Annavasal, Pudukkottai District.

... Respondents Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, to direct the 1st respondent to conduct the enquiry based on the petitioner's representation dated 18.06.2019 by virtue of the Circular No.67 issued by the Registration Department dated 03.11.2011 within stipulated time by this Court.

For Petitioner : Mr.M.Ramu For Respondents : Mr.V.Anand, G.A.

ORDER

The prayer in this writ petition is for a Writ of Mandamus, to direct the 1st respondent to conduct the enquiry based on the petitioner's representation dated 18.06.2019 by virtue of the Circular No.67 issued by the Registration Department dated 03.11.2011 within stipulated time by this Court. 2.Heard Mr.M.Ramu, learned counsel appearing for the petitioner and Mr.V.Anand, learned Government Advocate appearing for the respondents.

3.With the consent of both sides, this writ petition is disposed of at the admission stage itself.

4.The petitioner, in order to have an enquiry by the 1st respondent and to pass orders thereon on merits, has made a request/representation on 18.06.2019. Therefore, the learned counsel appearing for the petitioner submits that if the said representation of the petitioner is decided by way of enquiry by the 1st respondent, within a time frame, the petitioner would be satisfied.

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5.I have heard the learned Government Advocate appearing for the respondents, who would submit that, the said representation of the petitioner dated 18.06.2019 would be considered, after conducting an enquiry under Section 68(2) of the Registration Act, of course, after hearing the petitioner as well as the rival claimants, if any, within a time frame.

6.Considering the said submissions made by both sides, this Court is inclined to dispose of this writ petition with the following direction:

"The 1st respondent is directed to consider the representation of the petitioner dated 18.6.2019 and pass orders thereon, after conducting enquiry by hearing both the petitioner as well as the rival claimants, if any, by giving separate notices to them and final order shall be passed to that effect, within a period of six weeks from the date of receipt of a copy of this order." 7.With this direction, this writ petition is disposed of. No costs.

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

1. The District Registrar, Registration Department, District Court Campus, Pudukkottai District.

2. The Sub Registrar, Sub Registrar Office, Sivan Kovil Street, Keeranur, Annavasal, Pudukkottai District.

+1 CC to Mr.M.RAMU, Advocate ( SR-75267[F] dated 15/07/2019 ) +1 CC to SPL GP ( SR-75426[F] dated 16/07/2019 ) Order made in W.P.(MD)No.15686 of 2019 Dated:15.07.2019 ARUL MK (31.07.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/