Madras High Court
N.R.Krishnamoorthy Raja vs The Deputy Inspector General Of ... on 27 April, 2021
W.A.(MD)No.908 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.908 of 2021
and
C.M.P.(MD)No.4134 of 2021
1.N.R.Krishnamoorthy Raja
2.N.K.Rajai : Appellants
Vs.
1.The Deputy Inspector General of Registration,
Registration Department,
Office of the TNAU Nagar,
Rajakampeeram,
Y.Othakadai,
Madurai – 625 107.
2.The District Registrar,
(Audit & Administration),
Periyakulam, Theni District.
3.The Sub Registrar,
Theni – Sub Registrar Office,
Theni – 625 531.
4.Mahalakshmi : Respondents
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W.A.(MD)No.908 of 2021
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent,
praying to set aside the order in W.M.P.(MD)No.3259 of 2021 in W.P.
(MD)SR No.10640 of 2021 dated 01.03.2021.
For Appellants : Mr.S.Natarajan
For Respondents 1 to 3 : Mr.K.Sathiya Singh
Additional Government Pleader
JUDGMENT
***************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
This Writ Appeal is directed against the order passed by the
learned Single Bench in W.M.P.(MD)No.3259 of 2021 in W.P.(MD)SR No.
10640 of 2021 dated 01.03.2021.
2.Heard Mr.S.Natarajan, learned Counsel appearing for the
appellants and Mr.K.Sathiya Singh, learned Special Government Pleader
appearing for the respondents 1 to 3.
3.The appellants filed a petition to permit themselves to join
together and file a single writ petition challenging the notice issued by
the second respondent dated 11.02.2021, directing the appellants to
appear for an enquiry. The learned Single Bench, while considering the
2B petition, dismissed the writ petition at the SR stage, giving liberty to
the appellants to raise all points by replying to the impugned notice.
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W.A.(MD)No.908 of 2021
4.In our considered view, such a decision could not have been
taken. After the writ petition was numbered and after considering all the
points raised in the writ petition, a decision could have been taken. It
would not be appropriate to reject the main relief when the 2B petition is
heard. Therefore, the impugned order calls for interference. The
question would be whether we are required to issue notice to the
respondents before setting aside the impugned order dated 01.03.2021.
We are not required to do so, because, the respondents were not put on
notice when the learned Writ Court dismissed the writ petition in the SR
stage and therefore, the respondents herein are not required to be heard
for allowing this appeal.
5.Accordingly, this Writ Appeal is allowed, the order passed in
W.M.P.(MD)No.3259 of 2021 in W.P.(MD)SR No.10640 of 2021 dated
01.03.2021 is set aside and the matter is remitted back to the file of the
Hon'ble Single Bench and the petition seeking permission to join together
and file a single writ petition is allowed. The Registry is directed to
number the writ petition and list the same 'for admission'. The findings
rendered by the learned Writ Court in the impugned order stands
vacated, leaving it open to the appellants to raise all issues before the
learned Single Bench, when the case is listed 'for admission'. However,
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W.A.(MD)No.908 of 2021
there shall be no order as to costs. Consequently, the connected
miscellaneous petition is closed.
[T.S.S., J.] & [S.A.I., J.]
27.04.2021
Index : Yes / No
Internet : Yes / No
MR
Note: In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized
for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy,
shall be the responsibility of the advocate/litigant
concerned.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.908 of 2021
To
1.The Deputy Inspector General of Registration,
Registration Department,
Office of the TNAU Nagar,
Rajakampeeram,
Y.Othakadai,
Madurai – 625 107.
2.The District Registrar,
(Audit & Administration),
Periyakulam, Theni District.
3.The Sub Registrar,
Theni – Sub Registrar Office,
Theni – 625 531.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.908 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
MR
JUDGMENT MADE IN
W.A.(MD)No.908 of 2021
27.04.2021
https://www.mhc.tn.gov.in/judis/
