Disposed

Mohan Kumar v. The Inspector General of Registration

Madras HC9 Jan 2023WP/515/2023

Case brief

AI extract

What is this about?

The High Court of Madras granted a stay and directed the District Registrar to execute an enquiry mandated under Section 83 of the Registration Act, treating the petitioner's representation as an application under Section 77-A and deciding the issue within six weeks.

What did the court decide?

Direction to the 2nd Respondent to consider the representation as an application under Section 77-A, conduct an enquiry with the petitioner and private respondents, and pass necessary orders within si

Mohan Kumar Vs The Inspector General of… — Pension and Retirement Benefits | Madras HC (2023)

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W.P.No.515 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 09.01.2023

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CORAM :

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THE HONOURABLE MR.JUSTICE R.SURESH KUMAR

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Writ Petition No.515 of 2023

Mohan Kumar

…. Petitioner

-Vs-

1 The Inspector General of Registration No. 100 Santhome High Road Mullima Nagar Mandavelipakkam Raja Annamalaipuram Chennai 28

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2 The District registrar

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(Chennai South) District registrar office

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Integrated Building for offices of the commercial taxes and Registration Department Fanepet Nandanam, Chennai 600 035.

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3 N.Lakshmi

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4 T.Uma Maheswari

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…. Respondents

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Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd respondent herein to take appropriate and necessary action against the respondents 3 and 4 herein under Section 83 of the Indian Registration Act based on the petitioners representation dated 14.07.2022 within a reasonable time as fixed by this Honble court.

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https://www.mhc.tn.gov.in/judis

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	W.P.No.515 of 2023
For Petitioner	: Mr.G.Krishna Kumar
For Respondents	: Mr.P.Sathish Additional Government Pleader - for RR 1 and 2

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O R D E R

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The prayer sought for herein is for a Writ of Mandamus directing the 2nd respondent herein to take appropriate and necessary action against the respondents 3 and 4 herein under Section 83 of the Indian Registration Act based on the petitioners representation dated 14.07.2022 within a reasonable time as fixed by this Court.

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On 14.07.2022, the petitioner had given a representation to the 2^nd respondent District Registrar to conduct an enquiry under Section 83 of the Registration Act and to pass orders. Since no action has been taken, he has moved the present writ petition.

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When this writ petition was taken up for hearing, Mr.P.Sathish, learned Additional Government Pleader appearing for the respondents 1 and 2 submits that, the said representation dated 14.07.2022 indeed is being treated as an application / representation or complaint within the meaning of Section 77A of the Registration Act in view of the amendment having been made with effect

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https://www.mhc.tn.gov.in/judis

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W.P.No.515 of 2023

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from 16.08.2022 and accordingly summons have been issued to both parties ie., the petitioner as well as the persons against whom such representation has been made to conduct an enquiry on 20.01.2023 and after such enquiry, certainly the official respondents would pass necessary orders on merits and in accordance with law.

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In view of the said development taken place as projected by the learned Additional Government Pleader and in view of the orders that is going to be passed, notice to the private respondents is hereby dispensed with.

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Accordingly, this Court is inclined to dispose of this writ petition with the following order.

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“That there shall be a direction to the 2^nd respondent to consider the representation of the petitioner dated 14.07.2022 within the meaning of Section 77-A of the Act and pass necessary orders after conducting an enquiry as already proposed by the 2^nd respondent with the petitioner as well as the private respondents and pass necessary orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of

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this order.”

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https://www.mhc.tn.gov.in/judis

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W.P.No.515 of 2023

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R. SURESH KUMAR, J.

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KST

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With the above direction, this writ petition is disposed of. No costs.

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09.01.2023

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Index : Yes/No Neutral Citation : Yes/No Speaking Order / Non-speaking order KST To

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1 The Inspector General of Registration

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No. 100 Santhome High Road

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Mullima Nagar Mandavelipakkam Raja

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Annamalaipuram Chennai 28

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2 The District registrar

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(Chennai South) District registrar office

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Integrated Building for offices of the

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commercial taxes and Registration Department Fanepet Nandanam, Chennai 600 035.

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W.P.No. 515 of 2023

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https://www.mhc.tn.gov.in/judis

Mohan Kumar v. The Inspector General of Registration

Case brief

What is this about?

What did the court decide?

Mohan Kumar v. The Inspector General of Registration

Case brief

What is this about?

What did the court decide?

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