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2012 DIGILAW 1745 (MAD)

R. Vijaya v. Inspector General of Registration, Santhome, Chennai

2012-04-04

VINOD K.SHARMA

body2012
Judgment :- 1. The petitioner has approached this Court, with the prayer for issuance of a writ in the nature of mandamus, directing the respondent No.4 to receive the pending payment, and register the documents presented for registration. 2. The main grievance of the petitioner is that though it was the duty of the respondent No.4 to keep the documents presented for registration in safe custody, but without the knowledge of the petitioner, the document was released to the respondent No.5 on her forged signature. 3. It is the contention of the learned counsel for the petitioner that complaint under Sec.82 & 83 of the Registration Act, was filed with the respondent No.1, but he has failed to perform his statutory duty to hold enquiry and prosecute the respondent No.5, for wrong representation in getting the attachment released. 4. On notice, counter has been filed wherein stand taken by the respondent No.4 is, that the documents were presented for registration, but before enquiry could be completed, an application was moved by the petitioner and others, seeking return of documents. Acting on the said representation, the documents were returned to the applicant. 5. It is also the stand of the learned Additional Government Pleader, that on receipt of complaint from the petitioner, an enquiry was conducted but it was ordered to be closed in view of material placed before the authorities. The contention of the learned Addl. Govt. Pleader is that the respondent No.1 has complied with the statutory obligations. 6. The learned counsel for the petitioner, contends that copy of the order closing the enquiry was not communicated to the petitioner. 7. In view of the stand of the respondent No.4, this writ petition is disposed of, by directing the respondent No.1 to take final decision on the report submitted by the respondent No.3 and 4 on the complaint of the petitioner. The respondent No.1 is further directed to give an opportunity of hearing to the petitioner to file objection if any against the recommendations by the respondent No.4. 8. The respondent No.1 is further directed to pass detailed speaking order by considering the objections if any to be filed by the petitioner, to the closer report. Connected miscellaneous petition is closed. No cost.