C. Goplaan v. Inspector General of Registration & Others
2014-10-20
M.VENUGOPAL
body2014
DigiLaw.ai
JUDGMENT M. VENUGOPAL, J. 1. According to the petitioner, the petitioner has projected the Writ of Mandamus praying for passing of an order by this Court in directing the third respondent/the Sub Registrar, Cumbum Sub Registrar Office, Theni District, to pass appropriate orders in accordance with law in the enquiry conducted by him on 20.03.2014 for compulsory registration of the sale deed, dated 07.10.2013, relating to his property measuring 3 acres 64 cents comprised in S. No. 1547/1A and 1B in Uthamapuram in Cumbum Town, pending before him within the time to be fixed by this Court. 2. The main grievance of the petitioner is that the third respondent/registering authority should have passed orders in the subject matter in issue after conducting an enquiry on 20.03.2014 but till date, the third respondent, according to the petitioner, has not passed orders on merits in the subject matter in issue. 3. It is represented on behalf of the respondents 1 to 3 that as on date no registration of sale deed had taken place and the same is hereby recorded. 4. It appears that the petitioner in paragraph 9 of the affidavit in W.P. (MD) No. 17236 of 2014, had inter alia stated that the respondents 4 to 6 filed a suit for permanent injunction in O.S. No. 138 of 2014 against him and his family members as if they have parted with the possession of the property to them. Later, the petitioner filed a suit for permanent injunction in O.S. No. 172 of 2014 on the file of the District Munsif, Uthamapalayam against them in and by which the respondents 2 and 3 were also arrayed as D4 and D5. 5. The pith and substance of the stand taken on behalf of the petitioner is that the third respondent/Sub Registrar, Cumbam, Theni District, is to follow the procedures and conduct the enquiry in terms of the ingredients of Sections 34 and 35 of the Registration Act, 1908 and Rule 55 and further he has every right and jurisdiction to refuse to register the deed. 6. In view of the fact that the prayer of the Writ Petitioner in the writ petition is limit in nature viz.
6. In view of the fact that the prayer of the Writ Petitioner in the writ petition is limit in nature viz. for passing of an order by this Court in directing the third respondent to pass appropriate orders in accordance with law in the enquiry conducted by him on 20.03.2014, this Court without going into the merits of the matter and also not expressing any opinion in one way or the other in the subject matter in issue and also not delving deep into the merits of the matter in one way or the other, in the interest of justice, fairplay to prevent aberration of justice and to promote substantial cause of justice, directs the third respondent to pass appropriate orders on merits in regard to the enquiry conducted by him on 20.03.2014, within a period of six weeks from the date of receipt of a copy of this order. It is made clear that the third respondent is to pass a fair, just, dispassionate order uninfluenced and untrammeled with any of the observations made by this Court in this Writ Petition. At this stage, it is needless for this Court to point out that if need be, it is open to the third respondent to pass appropriate orders on merits in the subject matter in issue by adhering to the principles of natural justice. 7. With the aforesaid directions, the writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.