P.Abraham Lingan v. The District Registrar(Admin)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2020
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN P.Abraham Lingan .. Petitioner Vs.
1.The District Registrar,(Admin) District Registration Office, Madurai South Registration, 2.The Sub Registrar, Joint No.I Sub Registrar Office, Madurai South, .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the first respondent to expedite the proceedings in Na.Ka.No.44132/Aa2/2020 dated 01.10.2020 pending on the file of the first respondent within the stipulated time fixed by this Court. For Petitioner : Mr.R.Surianarayanan For Respondents : Mr.K.Sathya singh Additional Government Pleader
ORDER
This writ petition has been filed for issuance of a direction to the first respondent to expedite the proceedings in Na.Ka.No.4413-2/Aa2/2020 dated 01.10.2020 pending on the file of the first respondent within the stipulated time.
2. Mr.K.Sathya Singh, learned Additional Government Pleader takes notice for the respondents. By consent, the writ petition is taken up for disposal at the admission stage itself.
3. The case of the petitioner is that the petitioner has purchased the property in Plot No.37, Service Industries No.37 in Tamil Nadu Housing Board, Anupanadi, Madurai South, Madurai to an extent of 125 meter house site plot from one Rahamd Beevi's power agent, namely, Poombavai and Aadhiparasakthi by way of registered sale deed dated 29.10.2012 on the file of the second respondent. Further, the Tamil Nadu Housing Board, Madurai has given no due clearance certificate to the said property. Thereafter, the said Rahmad Beevi has sold the property in question to one V.R.Krishnan through her power agent. Therefore, the petitioner has filed a suit in O.S.No.127 of 2018 on the file of the Principal District Court, 1/3
Madurai for declaration. Pending suit, the petitioner made a complaint to the first respondent on 28.09.2020 and the same was taken on file in Na.Ka.No.4413-2/Aa2/2020 by the first respondent on 01.10.2020 and notice was sent to the petitioner for enquiry. The petitioner submitted his explanation on 20.10.2020. But thereafter the proceedings is still pending before the first respondent. Hence, the petitioner approached this Court.
4.Learned counsel for the petitioner would submit that it would suffice, if the proceedings dated 01.10.2020 is disposed of by the first respondent at the earliest after providing adequate opportunity to the petitioner.
5. Learned Additional Government Pleader appearing for the respondents would submit that the first respondent is prepared to dispose of the proceedings and to pass suitable orders on the same.
6. In view of the limited scope of the prayer sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the first respondent to dispose of the proceedings in Na.Ka.No.4413-2/Aa2/2020 dated 01.10.2020 in accordance with law within a period of six months from the date of receipt of a copy of this order, if there is no legal impediment to do so. It is needless to mention that the persons, who are likely to be affected or the persons, who are interested must also be heard before passing orders.
7. With the above direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) PJL Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The District Registrar(Admin), District Registration Office, Madurai South Registration, 2/3
2.The Sub Registrar, Joint No.I Sub Registrar Office, Madurai South, +1 CC to M/s.SPL GP ( SR-23878[F] dated 03/12/2020 ) 02.12.2020 CK(CO) KB(16.12.2020) 3P 4C 3/3