Madras High CourtWP(MD)/3254/2016dismissed

M.Mariappan, v. The District Registrar

2020-02-20Honourable Mr Justice S.S. Sundar2 pages

W.P.(MD)No.3254 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2020

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.3254 of 2016 M.Mariappan ... Petitioner vs.

1.The District Registrar, Department of Registration, Palace Road, Madurai.

2.The Sub Registrar, Sub Registrar's Office, Thirumangalam, Madurai District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the first respondent to conduct enquiry on the petitioner's complaint, dated 26.09.2015 and pass orders as contemplated in Circular No.67, dated 03.11.2011 (C.No.52338/C1/2011) issued by the Inspector General of Registration, Tamil Nadu.

For Petitioner :Mr.D.Malaichamy For Respondents :Mr.M.Murugan Government Advocate

O R D E R

This Writ Petition is filed for issuing a Writ of Mandamus to direct the first respondent to conduct the enquiry on the petitioner's complaint, dated 26.09.2015 and pass orders as contemplated under Circular No.67, dated 03.11.2011 issued by the Inspector General of Registration, Tamil Nadu. 2.In the complaint, the petitioner has made several allegations against some individuals, stating that they have conveyed the property by fraudulent means. The petitioner has referred to a criminal complaint, which has been registered in Cr.No.241 of 2015. Strangely, the petitioner has not impleaded any of the person against whom he wanted an enquiry under Sections 82 and 83 of the Registration Act.

3.This Court cannot consider the petitioner's claim without impleading necessary and proper parties, who should be heard before passing an order. Hence, this Writ Petition is dismissed. However, https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.3254 of 2016 liberty is given to the petitioner to file a fresh Writ Petition after narrating subsequent development and also by impleading necessary and proper parties. No costs.

Sd/- Assistant Registrar (CS II) // True Copy // / /2020 Sub Assistant Registrar(CS) cmr To 1.The District Registrar, Department of Registration, Palace Road, Madurai.

2.The Sub Registrar, Sub Registrar's Office, Thirumangalam, Madurai District.

+1 CC to M/s.D.MALAICHAMY, Advocate ( SR-7471[F] dated 21/02/2020 ) W.P.(MD)No.3254 of 2016 20.02.2020 KK/03.03.2020/2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2