M.B. Lalithabai v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2016

CORAM:

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P.(MD)No.4585 of 2016 M.B.Lalithabai ...

Petitioner Vs.

The District Registrar (Registration), Nagercoil, Kanyakumari District.

...

Respondent Prayer:

The petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to pass orders on the petitioner's complaint dated 08.09.2015 taken on file by the respondent in No.5010/AA1/2015 dated 26.10.2015 within a time frame fixed by this Court. For Petitioner : Mr.M.Saravanan For Respondents : Mr.J.Gunaseelan Muthiah, G.A.

O R D E R

This Writ petition has been filed to direct the respondent to pass orders on the petitioner's complaint dated 08.09.2015, which has been taken on file by the respondent in No.5010/AA1/2015 dated 26.10.2015, within a time frame.

2.Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondent. 3.The petitioner filed a petition before the respondent to cancel a fake power of attorney said to have executed by the petitioner subsequent to a sale agreement dated 08.09.2015. 4.After receipt of the above said application, the respondent also issued a notice for enquiry to be held on 16.11.2015. On the said date the petitioner appeared in person, but the enquiry was adjourned and thereafter, no enquiry was conducted.Hence, the petitioner has filed the present Writ petition.

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5.Today the respondent filed a counter affidavit, stating that already enquiry commenced and notice was issued to the petitioner. As many complaints are pending before the respondent, he is not in a position to dispose the application of the petitioner. However, the respondent stated in the counter affidavit that he will conduct enquiry and pass necessary orders. 6.Taking into consideration of the fact that the petitioner's application is pending from 08.09.2015 onwards, the respondent is directed to conduct enquiry and pass orders on merits and in accordance with law, after issuing notice to the petitioner and the other parties concerned, within a period of 12 weeks from the date of receipt of a copy of this order. The Writ petition is disposed of accordingly. No costs. Sd/- Assistant registrar (Writs) /True copy/ Sub Assistant Registrar To The District Registrar (Registration), Nagercoil, Kanyakumari District.

+1cc to Mr.R.J.KARTHICK, ADVOCATE SR.No. 56739 +1cc to M/S.SPECIAL GOVT.PLEADER SR.No. 56629 nbj JA-GSV-PM-SAR.2/13.10.2016/2P;4C W.P.(MD)No.4585 of 2016 27.09.2016 https://hcservices.ecourts.gov.in/hcservices/