The petitioner sought a direction to stop the District Registrar (General) from proceeding with a complaint under the Registration Act. The Court held that initiating an enquiry upon receiving a complaint is natural and refused to interfere at this stage.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930
WP(C).No. 885 of 2009(Y) --------------------------------
PETITIONER(S):
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ARIF AZEEZ, S/O.M.M. ABDUL AZEEZ, MANADATH, ZAINA GARDEN, AMBUNADU, EDATHALA P.O., ALUVA, ERNAKULAM DISTRICT.
BY ADV. SRIC.M.MOHAMMED IQUABAL
RESPONDENT(S):
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1. DISTRICT REGIATRAR (GENERAL), ERNAKULAM.
2. P.A. KUNHU MOHAMMED, S/O. ABOOBACKER ALIAS AVUKKAR, PUTHEPURAYIL HOUSE, THOTTUMUKHAM KARA, ALUVA EAST VILLAGE, ERNAKULAM.
GOVT.PLEADER SRI.P.N.SANTHOSH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC, J. ==============
W.P.(C) NO. 885 OF 2009 (E)
====================
Dated this the 23rd day of January, 2009
J U D G M E N T
Petitioner's prayer is to direct the 1st respondent not to proceed with Ext.P3, the complaint. According to the learned Government Pleader, a complaint was raised by the 1st respondent and that enquiry under Section
83 of the Registration Act is now being conducted by the 1st respondent.
is only natural that enquiry is initiated to find out the truth of the matter. This precisely is what has been done by the 1st respondent. I do not find anything irregular in such an action and at any rate, this Court will not be justified in interfering in the matter, at this stage. I am not persuaded to entertain this writ petition.
Writ petition fails and is dismissed.
ANTONY DOMINIC, JUDGE
Rp
1 issue framed by the court
Whether the High Court should direct the District Registrar (General) not to proceed with the complaint filed under Section 83 of the Registration Act based on specific allegations.
ARIF AZEEZ
DISTRICT REGIATRAR (GENERAL), ERNAKULAM
P.A. KUNHU MOHAMMED
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
