Nargunaseelan v. The Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.11.2023 C O R A M THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Nargunaseelan ... Petitioner -vs1.The Inspector General of Registration, No.100, Santhome High Road, Chennai - 28.

2.The Deputy Inspector General of Registration, Integrated Registration Office, Rajakambiram, Y. Othakadai, Madurai District.

3.The District Registrar (Administration), Registration Department, Ramanathapuram.

4.The Sub Registrar, Registration Department, Abiramam, Ramanathapuram.

5.Shanmuganathan 6.Velmurugan 7.Muthukrishanan ... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to complete the enquiry relating to the proceedings in Na.Ka.No.4625/A1 2019, dated 03.08.2021, which was forwarded by the second respondent. For Petitioner :

Mr.R.Alagumani For R1 to R4 :

Mr.A.K.Manikkam Special Government Pleader For R5 and R6 :

Mr.R.Babu Jaganath For R7 :

Mr.G.K.Sreedhar

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the third respondent to complete the enquiry in the proceedings in Na.Ka.No.4625/A1 2019, dated 03.08.2021, which was forwarded by the second respondent, within the time frame fixed by this Court.

2. The case of the petitioner is that the subject property originally belonged to his grandfather and the Patta was also standing in his name. While so, a fraudulent document was created and it was registered on the file of the fourth respondent, by taking advantage of the similarity of the names. The petitioner wanted this document that was registered as Document No.495 2/5

of 2014 to be cancelled. The petitioner came to know about the execution of the documents only in the year 2021. Therefore, the petitioner made a representation and the second respondent through the communication, dated 03.08.2021, directed the third respondent to conduct an enquiry. Since no enquiry was conducted and no orders were passed by the third respondent, the present Writ Petition has been filed before this Court.

3. Heard the learned counsel appearing for the parties.

4. The fourth respondent has filed a counter affidavit in this case. He has stated that the enquiry notice was issued to the petitioner and other parties through communication dated 10.12.2021. The enquiry was also conducted and the matter was at the stage of passing final orders by the third respondent.

5. Taking into consideration the facts and circumstances of the case and the limited relief sought for by the petitioner, there shall be a direction to the third respondent to conduct the enquiry after affording opportunity to the 3/5

petitioner and also to all other interested parties and take a decision strictly in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

6. This Writ Petition is disposed of with the above direction. No costs. NCC : Yes/No 08.11.2023 Index : Yes/No smn2 To 1.The Inspector General of Registration, No.100, Santhome High Road, Chennai - 28.

2.The Deputy Inspector General of Registration, Integrated Registration Office, Rajakambiram, Y. Othakadai, Madurai District.

3.The District Registrar (Administration), Registration Department, Ramanathapuram.

4.The Sub Registrar, Registration Department, Abiramam, Ramanathapuram.

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N.ANAND VENKATESH, J.

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