V.Muthaiah v. The District Registrar (Administration)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.20669 of 2024 V.Muthaiah

...Petitioner

Vs.

1.The District Registrar (Administration), Department of Registration, Tenkasi District, Tenkasi.

2.The Revenue Divisional Officer, Tenkasi, Tenkasi District.

3.The Thasildar, Alangulam, Tenkasi District.

4.P.N.Abraham 5.Sundara Mahalingam 6.John Mathew 7.George Pothan 8.The Inspector of Police, Alankulam Police Station, Alankulam, Tenkasi District.

... Respondents 1/4

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 8th respondent to look into the complaint of the petitioner and conduct proper investigation with regard to fabrication and forgery in relation to the said property in Survey No.1154 situated at Sivalarkulam Alankulam Village, Tenkasi District and also further direct the first respondent to mark it as forged document in the Encumbrance Certificate in pursuance of the petitioner's representation dated 14.06.2024 forthwith. For Petitioner : Mr.S.Palanivelayutham For R1 to R3 : Mr.M.Muthumanikkam Government Advocate (Civil Side) For R8 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

The Writ Petition has been filed, invoking Article 226 of the Constitution of India, seeking orders to direct the 8th respondent to look into the complaint of the writ petitioner and conduct proper investigation with regard to fabrication and forgery in relation to the property in Survey No.1154 at Sivalarkulam Alankulam Village, Tenkasi District and also direct the first respondent to mark it as forged document in the Encumbrance Certificate in pursuance of the writ petitioner's representation dated 14.06.2024.

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2. When the matter is taken up for hearing today, the learned counsel appearing for the writ petitioner would submit that he is not pressing the relief as against the respondents 1 to 3 and he has also made an endorsement to that effect.

3. The learned Additional Public Prosecutor appearing for the eighth respondent would submit that the eighth respondent has not received any complaint from the writ petitioner.

4. Considering the above, the writ petitioner is directed to give a fresh complaint to the eighth respondent and on receipt of the same, the eighth respondent is directed to issue summons to the writ petitioner as well as to the private respondents and conduct enquiry and dispose of the same within a period of two weeks from the date of receipt of a copy of this order.

5. With the above direction, the Writ Petition stands disposed of. No costs.

30.08.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm 3/4

K.MURALI SHANKAR, J csm To 1.The Inspector of Police, Alankulam Police Station, Alankulam, Tenkasi District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in W.P.(MD)No.20669 of 2024 Dated : 30.08.2024 4/4