W.P(MD)No.20802 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.06.2023
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P(MD).No.20802 of 2022
K.Duraipandi
... Petitioner
Vs
1. The Inspector General of Registration,
80, Santhome Highways Road,
Chennai.
2. The Deputy Inspector General of Registration,
Office of Deputy General of Registration,
Rajagampiram, Y.Othakadai,
Madurai.
3. The District Registrar,
Dindigul District.
4. The Sub- Registrar,
Sub Registrar Office Joint – I
Dindigul, Dindigul District.
5. K.AL.Swaminathan
(R5 impleaded as per order dated 28.10.2022 in
WMP(MD)No.16310 of 2022)
... Respondents
1/7
https://www.mhc.tn.gov.in/judis
W.P(MD)No.20802 of 2022
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the second
respondent to dispose the appeal on the file of the second respondent in the
light of the representation, dated 20.08.2022 within stipulated time fixed by
this Court.
For Petitioner : Mr.C.M.Ganesan
For R1 to R4 : Mr.M.Prakash
Additional Government Pleader
For R5 : Mr.Marimuthu
ORDER
The writ petition has been filed in the nature of a mandamus, seeking a direction against the second respondent/Deputy Inspector General of Registration, Madurai to dispose of the appeal, which is pending on his file, consequent to representation, dated 20.08.2022.
2.When the writ petition came up for consideration before this Court, notice had been directed to the respondents. Thereafter, the learned counsel appearing for the fifth respondent, who had been impleaded by order of this Court, dated 28.10.2022, sought time for filing counter. 2/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.20802 of 2022
3.It was then informed that though the writ petition was pending and notice had been directed, the petitioner had subsequently filed another writ petition in W.P(MD)No.4709 of 2023 seeking the same relief against the very same respondents. A learned Single Judge has been mislead into passing an order, dated 03.03.2023. The pendency of this writ petition was not informed to the learned Single Judge. Owing to this particular fact, the petitioner was directed to be present before this Court on 15.06.2023. The matter was again adjourned to today (ie.,23.06.2023). Today also, it is stated by the learned counsel for the petitioner that the petitioner is held up. However, there is no intentional disobedience to appear before this Court.
4.It is also informed that there was also a civil suit in O.S.No. 117 of 2017 and decree had been passed by Judgment dated 05.09.2017.
5.Be that as it may, when in the first writ petition, notice alone was directed, the petitioner had filed another writ petition before this Court, without disclosing the fact of filing of the earlier writ petition and by misrepresentation had obtained an order from a learned Single Judge. If the 3/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.20802 of 2022 issue was brought to the notice of the learned Single Judge, the order would not have been passed.
6.Perusal of records further shows that the petitioner is a senior citizen, aged 75 years.
7.Let an affidavit be filed giving explanation as to why he had filed another writ petition, when already a writ petition was pending for the very same relief.
8.A direction is issued to the petitioner to pay costs of Rs. 25,000/- (Rupees Twenty Five Thousand only) directly to the fifth respondent, namely, K.AL.Swaminathan, S/o. Alagappan on or before 15.07.2023. The affidavit should also be filed before this Court before that date explaining the circumstances under which he had filed the second writ petition.
9.For reporting compliance of costs and of filing of affidavit, list the matter once again on 17.07.2023. It is made clear that further orders shall be passed, if it is reported that neither costs nor affidavit has been filed. 4/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.20802 of 2022
10.As directed above, this writ petition stands dismissed with costs.
11.List the matter again “for reporting compliance on 17.07.2023”.
23.06.2023 NCS : Yes/No Index : Yes / No Internet: Yes/ No PNM To
1. The Inspector General of Registration, 80, Santhome Highways Road, Chennai.
2. The Deputy Inspector General of Registration, Office of Deputy General of Registration, Rajagampiram, Y.Othakadai, Madurai.
3. The District Registrar, Dindigul District.
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4. The Sub- Registrar, Sub Registrar Office Joint – I Dindigul, Dindigul District.
C.V.KARTHIKEYAN, J.
PNM ORDER IN W.P(MD).No.20802 of 2022 6/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.20802 of 2022 23.06.2023 7/7 https://www.mhc.tn.gov.in/judis