Madras High CourtWP(MD)/10596/2013disposed of

Mumtaj Begam v. The District Registrar

2017-12-08Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.10596 of 2013 Mumtaj Begam ... Petitioner Vs.

1.The District Registrar Virudhunagar, Virudhunagar District.

2.The Inspector of Police Aaviyoor Police Station, Virudhunagar, Virudhunagar District.

3.Allapitchai 4.Mohamed sait @ sait ... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to dispose of the inquiry U/s.83 of Registration Act 1908 in Na.Ka.No. /A3/2013 dated 03.6.2013 as per petitioner's application dated 21.02.2013 for cancellation of the forged document dated 12.07.2012. For Petitioner : Mr.S.J.Chakaravarthy for M/s.Eddy & Embboss For Respondents : Mr.M.Alagathevan - For R1 & R2 Special Government Pleader : Mr.V.Baskaran - For R3 : No Appearance - For R4 *****

ORDER

This writ petition has been filed, seeking to direct the first respondent to dispose of the inquiry U/s.83 of Registration Act 1908 in Na.Ka.No. /A3/2013 dated 03.6.2013 as per petitioner's application dated 21.02.2013 for cancellation of the forged document dated 12.07.2012.

2. Heard, the learned Counsel on either side.

3. It is the case of the petitioner that the property in question is in possession and enjoyment of the petitioner's family, whereas the revenue records stands in the name of one K.Abdul Rahim. In order to correct the mistake crept in, the petitioner has submitted several representations to the respondents. Finding no https://hcservices.ecourts.gov.in/hcservices/

action, against her representations, the petitioner has submitted an application dated 21.02.2013, under Section 83 of the Registration Act, which was taken on file as Na.Ka.No. /A3/2013 dated 03.06.2013 and the said application is kept pending for enquiry, the petitioner is before this Court with the above prayer.

4. The learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that if reasonable time is granted to the respondents 1 and 2, the application of the petitioner will be considered and suitable orders be passed.

5. Under such circumstances, this Court, without going into the merits of the petitioner's claim, directs the first respondent to dispose of the pending enquiry proceedings in Na.Ka.No. /A3/2013 dated 03.06.2013, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner, respondents 3 and 4 as well as other interested parties, if any, within a period of eight 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(CSI) /True Copy/ Sub-Assistant Registrar To 1.The District Registrar Virudhunagar, Virudhunagar District.

2.The Inspector of Police Aaviyoor Police Station, Virudhunagar, Virudhunagar District.

+One cc to Mr.S.J.Chakkaravarthy, Advocate, SR.No.91742 rm RL/4C/2P/SV/MMS/SAR4/27/12/2017 W.P(MD)No.10596 of 2013 https://hcservices.ecourts.gov.in/hcservices/ 08.12.2017