Madras High CourtWP(MD)/18614/2021disposed of

Sankarankovil Taluk Document And Copy Writers Welfare Association v. The Secretary To Government Of Tamil Nadu

2021-10-22Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Sankarankovil Taluk Document and Copy Writers Welfare Association Represented through its, Secretary, Muthu N.Gomathinayagam ... Petitioner Vs.

1.The Secretary to Government of Tamil Nadu, Commercial Tax and Registration Department, Secretariat, St.George Fort, Chennai - 600 009.

2.The Inspector General of Registration, Santhom High Road, Chennai.

3.The Deputy Inspector General of Registration, Tirunelveli Range, St.Mars Street, Near Sankar Colony, John Hr.Sec.School Back Side, Tirunelveli - 627 002.

4.The District Registrar, No.57, Railway Feeder Road, Near New Bus Stand, RTO Office Complex, Tenkasi - 627 811.

5.The Sub Registrar, Sub Registrar Office, Sankarankovil - 627 756, Tenkasi District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the respondents to consider the petitioner's / association representation dated 06.09.2021 and take necessary action against the persons and stop the focus login. For Petitioner : Mr.M.Sheik Abdullah For Respondents : Mr.K.S.Selva Ganesan, Counsel for State 1/3

ORDER

The petitioner seeks to prevent anyone other than the executants of documents, advocates concerned and licensed document writers concerned from logging into the website set up by the Registration Department.

2.The petitioner states that the Sankarankovil Taluk Document and Copy Writers Welfare Association was established to provide services to document writers, who are duly licensed. 3.According to the petitioner, three types of accounts are provided for in the online system of the Registration Department. The said three types of accounts are for citizens, advocates and licensed document writers. The petitioner alleges that unauthorized persons are logging in by taking advantage of the fact that even non-executants of documents are being permitted to login. After submitting a representation dated 06.09.2021, the present Writ Petition is filed.

4.Mr.K.S.Selva Ganesan, learned counsel for the State, accepts notice on behalf of all the respondents. He submits that the petitioner's representation would be duly considered and disposed of by the second respondent.

5.The decision as to the categories of persons who should be provided access to the website and, if so, for what purpose is a decision to be taken by the executive authority after taking into account the different purposes for which different categories of users may need to access the system. At the same time, the petitioner's concern that unauthorized persons are accessing the system warrants consideration.

6.Accordingly, without entering any findings on the merits of the matter, the second respondent is directed to consider the petitioner's representation dated 06.09.2021 and pass a reasoned order thereon after providing a reasonable opportunity to all the stake holders concerned. Such reasoned order shall be issued within a period of four (4) months from the date of receipt of a copy of this order.

7.With these observations, W.P.(MD).No.18614 of 2021 is disposed of. There will be no order as to costs. Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

tsg/nsr 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 Secretary to Government of Tamil Nadu, Commercial Tax and Registration Department, Secretariat, St.George Fort, Chennai - 600 009.

2.The Inspector General of Registration, Santhom High Road, Chennai.

3.The Deputy Inspector General of Registration, Tirunelveli Range, St.Mars Street, Near Sankar Colony, John Hr.Sec.School Back Side, Tirunelveli - 627 002.

4.The District Registrar, No.57, Railway Feeder Road, Near New Bus Stand, RTO Office Complex, Tenkasi - 627 811.

5.The Sub Registrar, Sub Registrar Office, Sankarankovil - 627 756, Tenkasi District.

+1 CC to M/s.M.SHEIK ABDULLAH, Advocate (SR-32292[F] dated 22/10/2021) +1 CC to M/s.SPL.GP (SR-32568[F] dated 26/10/2021) 22.10.2021 NSN(CO) SB(01.11.2021) 3P 8C 3/3