N.Gopala v. The District Registrar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 27.07.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.13155 of 2016 N.Gopala ... Petitioner Vs 1.The District Registrar, Office of District Registrar, Pudukkottai.

2.The Sub-Registrar, Sub Registrar Office, Pudukkottai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents herein to conduct and complete the enquiry and pass orders within the time stipulated as per Circular No.67, dated 03.11.2011, issued by the Inspector General of Registration, on the Petitioner's complaint, dated 11.07.2016 regarding the fraudulent registration of Document No.700/2012, dated 06.02.2012.

For Petitioner : Mr.D.Rameshkumar For Respondents : Mr.S.Sadeshkumar Addl.Govt.Pleader.

ORDER

Heard both sides.

2. By consent, the main Writ Petition itself is taken up for final hearing.

3. No counter is filed on behalf of the Respondents.

4. The grievance of the Petitioner is that his complaint dated 11.07.2016, addressed to the Respondent Nos.1 and 2, regarding the

fraudulent registration of Document No.700/2012, dated 06.02.2012, is not yet disposed of by the authorities concerned, as on date.

5. At this stage, the Learned Counsel for the Petitioner contents that Circular No.67, dated 03.11.2011, issued by the Inspector General of Registration, Chennai, is very much in force, as on date, and therefore, it is for the Respondents to act in the subject matter in issue. However it appears that the Respondents had not taken any positive action as regard his representation / complaint, dated 11.07.2016, in the subject matter in issue. Therefore, the Petitioner has filed the present Writ Petition before this Court.

6. Yet another contention advanced on behalf of the Petitioner is that the First Respondent / District Registrar, Pudukottai, is vested with powers to act, in terms of Circular No.67, dated 03.11.2011, issued by the Inspector General of Registration and till date, the enquiry regarding the Petitioner's complaint is not yet completed and in fact, the Petitioner had approached the Respondents several times and caused an enquiry about the status of his complaint, dated 11.07.2016. However his efforts ended in vain.

7. Considering the fact that the Petitioner's complaint, dated 11.07.2016 (in respect of fraudulent registration of Document No.700/2012, dated 06.02.2012) is pending on the file of Respondent Nos.1 and 2, at this stage, this Court, without delving deep into the merits and contents of the Petitioner's complaint, dated 11.07.2016, simpliciter, directs the First Respondent / District Registrar, Pudukkottai, to look into the complaint of the Petitioner, dated 11.07.2016 and to dispose of the same on merits (of course after providing necessary opportunity to the Petitioner and others concerned, by adhering to the principles of natural justice) within a period of five weeks from the date of receipt of a copy of this order.

8. The Petitioner is also directed to lend his assistance and co-operation to the First Respondent / District Registrar, Pudukkottai, so as to enable him to dispose of his representation, within the time determined by this Court. In case, if the First Respondent / District Registrar, Pudukkottai, is in requirement of any certified copy of the document or any other relevant records, as the case may be, then, it is for the First Respondent / District Registrar, Pudukkottai, to issue necessary Memo / Notice to the Petitioner requiring him to submit such documents to him and in such an event, it is the duty of the Petitioner to submit the same so as to avoid any delay in regard to the decision / disposal of the representation, to be made by the First Respondent, within the time fixed by this Court.

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

Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar MPK To 1.The District Registrar, Office of District Registrar, Pudukkottai.

2.The Sub-Registrar, Sub Registrar Office, Pudukkottai.

+1CC to Mr.D.Ramesh Kumar, Advocate Sr.No.39943 +1CC to Spl.Government Pleader Sr.No.40183 GJM/PEK/4.8.16-2p-5c W.P(MD)No.13155 of 2016 27.07.2016