Madras High Court
K.Selvaraj vs C.Susila ... 1St on 16 April, 2021
W.A.(MD)No.285 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.04.2021
CORAM
THE HONOURABLE MR.JUSTICE T. S. SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.285 of 2021
and C.M.P.(MD) No.927 of 2021
1.K.Selvaraj
2.Mariyammal ... Appellants/Respondents 4 and 5
Vs.
1.C.Susila ... 1st Respondent/Petitioner
2.The Inspector General of Registration,
Department of Registration,
Santham, Chennai – 600 028.
3.The District Registrar,
District Registration Office,
Srivilliputtur,
Virudhunagar District.
4.The Sub-Registrar,
Sub-Registration Office,
Srivilliputtur,
Virudhunagar District. ... Respondents 2 to 4/Respondents 1 to 3
5.The Inspector of Police,
District Crime Branch,
Virudhunagar,
Virudhunagar District. ... Respondent No.4/Respondent No.6
Prayer : Appeal filed under Clause 15 of the Letters Patent against the order
passed by this Court in W.P.(MD)No.15864 of 2020, dated 10.11.2020.
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W.A.(MD)No.285 of 2021
For Appellant : Mr.M.Jothibasu
For Respondent No.1 : Mr.A.D.Ganesamoorthy
For Respondent Nos.2 to 5: Mr.K.P.Krishnadass
Special Government Pleader
*****
JUDGMENT
(Judgment of the Court was delivered by T. S. SIVAGNANAM, J.)
This Writ Appeal filed by the respondent Nos.4 and 5 in the Writ
Petition is directed against the interim direction issued in the Writ Petition
without notice to the appellants.
2.The first respondent filed the Writ Petition, praying for a direction
to the District Registrar, Srivilliputtur, Virudhunagar District to cancel the fake
marriage registration certificate in Marriage Serial No.TMR/Srivilliputtur/83/
2019, dated 04.04.2019, on the file of the Sub Registrar, Srivilliputtur by
considering her representation dated 18.11.2019.
3.When the Writ Petition came up for admission, this Court, suo motu
impleaded the Inspector of Police, District Crime Branch, Virudhunagar, as
sixth respondent and issued the impugned direction, directing him to register a
case against the first appellant with a further direction that he should be taken
into custody and the truth has to be enquired into.
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W.A.(MD)No.285 of 2021
4.We need not examine the controversy involved in the matter as it
would lead to adjudication of the facts narrated in the counter affidavit filed by
the respondents. The short ground, which requires allowing of the Writ Appeal
is that the appellants did not receive notice of the proceedings and at the
admission stage itself, the impugned order has been passed, which is in
violation of the principles of natural justice. This is sufficient to set aside the
impugned order dated 10.11.2020.
5.Accordingly, the Writ Appeal is allowed and the impugned interim
order dated 10.11.2020 in W.P.(MD) N0o.15864 of 2020 is set aside. Since W.P.
(MD) No.15864 of 2020 is still pending before the learned Single Judge,
Registry is directed to list the Writ Petition before the appropriate Hon'ble
Bench during the second week of June, 2021, subject to the convenience of the
Hon'ble Bench and the matter may be heard and disposed of. Consequently,
connected Miscellaneous Petition is closed. No costs.
Index :Yes/No [T.S.S., J.] [S.A.I., J.]
Internet :Yes/No 16.04.2021
sj
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W.A.(MD)No.285 of 2021
T. S. SIVAGNANAM, J.
AND
S.ANANTHI, J.
sj
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.
To
1.The Inspector General of Registration,
Department of Registration,
Santham, Chennai – 600 028.
2.The District Registrar,
District Registration Office,
Srivilliputtur,
Virudhunagar District.
3.The Sub-Registrar,
Sub-Registration Office,
Srivilliputtur,
Virudhunagar District.
4.The Inspector of Police,
District Crime Branch,
Virudhunagar,
Virudhunagar District.
W.A.(MD)No.285 of 2021
16.04.2021
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