Madras High Court
A.Selvakumari vs ) The Inspector General Of ... on 10 December, 2021
W.A(MD)No.2166 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.12.2021
CORAM :
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.A(MD)No.2166 of 2021
A.Selvakumari ... Appellant
vs.
1) The Inspector General of Registration,
No.100, Santhome High Road,
Pattinapakkam, Santhome,
Raja Annamalaipuram,
Chennai 600 028.
2) The District Registrar,
Palayamkottai, Tirunelveli District.
3) Mr.M.Ravikumar,
The Sub Registrar,
Melappalayam,
35/B, Bardos Complex, 1st Floor,
Ambai Road, Melappalayam,
Tirunelveli District. ... Respondents
Appeal filed under Clause 15 of Letters Patent, against the
order dated 08.11.2021 made in W.P(MD)No.19952 of 2021.
For Appellant : Mr.I.Robert Chandrakumar
For Respondents : Mr.P.Subbaraj
Special Government Pleader
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W.A(MD)No.2166 of 2021
JUDGMENT
(Order of the Court was made by
PUSHPA SATHYANARAYANA, J.)
The grievance of the petitioner was that despite the
representation given by narrating the facts, the 3rd respondent, Sub-
Registrar, without conducting the enquiry, refused to register the
document. Against that refusal, it appears that the writ petitioner
has already preferred an appeal, under Section 72 of the
Registration Act, 1908.
2. As per Section 72, except where the refusal is made on
the ground of denial of execution, an appeal shall lie against the
order of the Sub-Registrar, refusing to admit a document to
registration, to the Registrar to whom, such Sub-Registrar is
subordinate.
3. In this case, the refusal is not on the ground of denial of
execution. Therefore, rightly an appeal has been preferred. The
Writ Court has also directed the appellants to pursue the statutory
remedy. We are unable to understand why the writ appeal is filed,
despite the statutory remedy is available and also been exercised.
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W.A(MD)No.2166 of 2021
4. Since the appeal is already filed as early as in the month
of May 2021, the 2nd respondent, Registrar, is directed to dispose of
the appeal within a period of four weeks from the date of receipt of
a copy of this order, after affording an opportunity of hearing to the
appellant herein.
5. With the above direction, the Writ Appeal is disposed of.
No costs.
[P.S.N.,J.] & [P.V.,J.]
10.12.2021
Index : Yes / No
bala
To
1) The Inspector General of Registration,
No.100, Santhome High Road,
Pattinapakkam, Santhome,
Raja Annamalaipuram,
Chennai 600 028.
2) The District Registrar,
Palayamkottai, Tirunelveli District.
3) Mr.M.Ravikumar,
The Sub Registrar,
Melappalayam,
35/B, Bardos Complex, 1st Floor,
Ambai Road, Melappalayam,
Tirunelveli District.
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W.A(MD)No.2166 of 2021
PUSHPA SATHYANARAYANA, J.
and
P.VELMURUGAN, J.
bala
JUDGMENT MADE IN
W.A(MD)No.2166 of 2021
DATED : 10.12.2021
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