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Madras High CourtWP(MD)/17862/2019disposed of

P.Thangavel v. The District Registrar

2019-08-19Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR P.Thangavel

...Petitioner

-Vs1.The District Registrar, Cantonment, Trichy, Trichy District.

2.The Sub Registrar, Musiry, Trichy District.

3.Veerammal 4.V.Priya

...Respondents

Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 27.05.2019 and pass final order by initiating appropriate action under Sections 82, 83, 67 of the Registration Act as well as a Circular bearing Letter No.41530/U1/2017 dated 08.11.2017 issued by the Inspector General of Registrar, Chennai within a stipulated time fixed by this Court. For Petitioner : Mr.A.Senthil Kumar For Respondents : Mr.M.Murugan, G.A.

For RR1 and 2

ORDER

The prayer in this writ petition is for a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 27.05.2019 and pass final order by initiating appropriate action under Sections 82, 83, 67 of the Registration Act as well as a Circular bearing Letter No.41530/U1/2017 dated 08.11.2017 issued by the Inspector General of Registrar, Chennai within a stipulated time fixed by this Court. 2.Heard Mr.A.Senthil Kumar, learned counsel appearing for the petitioner and Mr.M.Murugan, learned Government Advocate appearing 1/3

for the respondents 1 and 2. Since no adverse order is going to be passed against the respondents 3 and 4, notice to them is dispensed with.

3.In order to conduct an enquiry, the petitioner had sent a representation to the official respondents, especially the 1st respondent on 27.05.2019, where, he wanted an enquiry in the matter between the petitioner and the private respondents and if the said representation is decided, after completing the enquiry by giving opportunity of being heard to both sides on merits, within a time frame, the petitioner would be satisfied, the learned counsel appearing for the petitioner contended.

4.I have heard the learned Government Advocate appearing for the respondents 1 and 2, who would submit that, the said representation of the petitioner would be decided, after conducting an enquiry under Section 68(2) of the Registration Act, on merits and after giving opportunity of being hearing to both sides. 5.Considering the limited scope of the prayer sought for in this writ petition and having regard to the said submissions made by both sides, this Court is inclined to dispose of this writ petition, with the consent of both the parties, at the stage of admission itself, with the following direction:

"The 1st respondent is hereby directed to consider the representation of the petitioner dated 27.05.2019 and conduct an enquiry under Section 68(2) of the Registration Act and by affording opportunity of being heard to both the petitioner as well as the private respondents and other parties, who have been named in the said representation, decide the same and pass orders thereon, on merits and in accordance with law, within a period of 8 weeks from the date of receipt of a copy of this order.

6.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (crl side) // True Copy // Sub Assistant Registrar(CS) Arul 2/3

To 1.The District Registrar, Cantonment, Trichy, Trichy District.

2.The Sub Registrar, Musiry, Trichy District.

+1 CC to Mr.A.SENTHIL KUMAR, Advocate ( SR-82139[F]dated 19/08/2019 ) +1 CC to SPL GP ( SR-82421[F] dated 20/08/2019 ) Order made in 19.08.2019 VB(20.12.2019) 3P 5C 3/3