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Devendrian v. the Director

Madras HC19 Aug 2025WP/31121/2025

Case brief

AI extract

What is this about?

W.P.No.31121 of 2025; Madras High Court; P.T. Asha J.; Article 226 mandamus; Vigilance and Anti-Corruption Department; Inspector General of Registration; District Registrar Perambalur; Sub Registrar Veppanthattai; enquiry officer appointment dated 01.10.2024; No.41085/R2/2024; land grabbers; misuse of official position; civil suit alternative remedy rejected; time-bound enquiry 2 months; no costs.

What did the court decide?

Respondents 1 to 3 directed to conclude the enquiry proceedings within a period of 2 months from receipt of a copy of the order, after issuing necessary notice to all concerned parties; no costs. ¶47

Devendrian Vs the Director — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Respondents 1 to 3 directed to conclude the enquiry proceedings within a period of 2 months from receipt of a copy of the order, after issuing necessary notice to all concerned parties; no costs.

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Issue for consideration

Whether the petitioner's request for a writ of Mandamus directing the third respondent to act upon the order dated 01.10.2024 (Ka./Na.Ka.No.41085/R2/2024) appointing him Enquiry Officer should be entertained, notwithstanding the Special Government Pleader's contention that a Civil Suit is the appropriate remedy as the dispute concerns registration of documents and alleged fraud. +1 more

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Court's answer

The Special Government Pleader's contention that a Civil Suit is the appropriate remedy cannot be countenanced: the petitioner does not seek any order in respect of the documents registered; he seeks action against the fourth respondent for colluding with land grabbers and misusing his official position, and respondents 1 and 2 have already acted on the complaint by appointing the third respondent as Enquiry Officer.

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Ratio / Principle

The Writ Petition is allowed; respondents 1 to 3 are directed to conclude the enquiry proceedings within a period of 2 months from the date of receipt of a copy of the order, after issuing necessary notice to all the concerned parties; no costs.

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Detailed headnote1 paragraphs

Madras High Court (Ms. Justice P.T. Asha, 19.08.2025) allowed a writ petition under Article 226 seeking mandamus to the District Registrar, Perambalur (R3) to act upon the enquiry appointment made by order dated 01.10.2024 in No.41085/R2/2024, pursuant to the petitioner's complaint dated 03.09.2024 to the Director, Vigilance and Anti-Corruption Department (R1) alleging that the Sub Registrar (R4) colluded with land grabbers and misused his official position. Rejecting the State's plea that the petitioner be relegated to a civil suit concerning the registered documents, the Court held that the petitioner sought action against the erring official, not any order touching the documents, respondents 1 and 2 having already acted on the complaint; the enquiry had merely not commenced. Respondents 1 to 3 were directed to conclude the enquiry within 2 months of receipt of a copy of the order after notice to all concerned parties. No costs.

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W.P.No.31121 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 19.08.2025

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CORAM

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THE HONOURABLE Ms. JUSTICE P.T. ASHA

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W.P.No.31121 of 2025

Devendrian

... Petitioner

Vs.

1.The Director Directorate, Vigilance And Anti Corruption Department, Alandhur, Chennai-16

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2.Inspector General Of Registration No.100, Santhom High Road, Foreshore Estate, Chennai-28

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3.District Registrar Perambalur District, Perambalur

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4.Gomahan Sub Registrar, Veppanthattai Sub Registrar Office, Perambalur District

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5.Ravi @ Kumarasamy

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Village Administrative Officer, Thazuthazai Village, Veppanthattai Taluk, Perambalur District

6.Selvaraji

...Respondents

1/5

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

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W.P.No.31121 of 2025

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Prayer:-

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Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, to directing the third respondent to act upon the order passed by the second respondent in Ka.No.41085/R2/2024 dated 1.10.2024 within a time

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For Petitioner : M/s.M.Velmurugan For Respondents : M/s.U.Bharanidharan, Spl GP for R1 to R3.

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O R D E R

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The writ petition has been filed for the following reliefs:-

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"to directing the third respondent to act upon the order passed by

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the second respondent in Ka.No.41085/R2/2024 dated 1.10.2024 within a

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time"

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Brief Facts:-

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2. The petitioner had submitted a complaint on 03.09.2024 to the 1st

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respondent seeking action against the 4th respondent. The same has been forwarded to the 2nd respondent on 13.09.2023 who in turn had forwarded the same to the 3rd respondent on 01.10.2024 and appointed the 3rd respondent as Enquiry Officer calling upon him to submit a report to the

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

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W.P.No.31121 of 2025

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1st respondent. Though the order has been passed as early as on 01.10.2024 appointing the 3rd respondent as Enquiry Officer to date no

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action has been taken on the same. Therefore, the petitioner is before this Court seeking a Mandamus to the 3rd respondent to act upon the order passed by the 1st respondent dated 01.10.2024 in Na.Ka.No.41085/R2/2024.

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3. The learned Special Government Pleader would submit that the

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appropriate remedy available to the petitioner is to file a Civil Suit as the dispute relates to the Registration of documents and the alleged fraud committed thereon.

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4. Heard the learned counsel on either side.

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5. The argument advanced by the learned Government Pleader

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cannot be countenanced for the simple reason that the petitioner did not

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seek any order in respect of the documents registered. He only seeks an action against the 4th respondent who he stated has colluded with the land grabbers and misused his official position. Respondents 1 and 2 have already acted upon the complaint submitted by the petitioner, pursuant to which the 3rd respondent has been appointed as the Enquiry Officer.

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

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W.P.No.31121 of 2025

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However, the enquiry proceedings are yet to commence.

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6. Considering the above, the Writ Petition is allowed. The respondents 1 to 3 are directed to conclude the enquiry proceedings within a period of 2 months from the date of receipt of a copy of this order after issuing necessary notice to all the concerned parties. No costs.

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19.08.2025

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(shr) Index : Yes/No Speaking Order: Yes/No Neutral Citation : Yes/No

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1.The Director Directorate, Vigilance And Anti Corruption Department, Alandhur, Chennai-16 2.Inspector General Of Registration No.100, Santhom High Road, Foreshore Estate, Chennai-28

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3.District Registrar Perambalur District, Perambalur

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4/5

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

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W.P.No.31121 of 2025

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P.T. ASHA . J.,

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(shr)