Madras High Court
Mysore Venkataswamy Chettiar ... vs G.R.Shankar on 8 February, 2021
W.A.No.1144 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.A.No.1144 of 2020
1.Mysore Venkataswamy Chettiar Trust,
rep. by its Founder Trustee,
No.9A, Beach Road, Opp. to Taluk Office,
Cuddalore Taluk,
Cuddalore District.
2.Venkatesan Chettiar ... Appellants
Vs.
1.G.R.Shankar
2.The Secretary to Government,
Registration Department,
Secretariat,
Chennai - 600 009.
3.The Inspector General of Registration,
Santhome Office,
Chennai.
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W.A.No.1144 of 2020
4.The District Registrar,
District Registration Office,
Cuddalore District.
5.The Sub-Registrar,
Sub Registrar Office,
Joint-I, Thirupapuliyur,
Cuddalore District. ... Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order dated 13.10.2020 passed in W.P.No.14516 of 2020.
For Appellants : Mr.K.R.Krishnan
For Respondents : Mr.T.M.Pappiah
Spl. Government Pleader
for respondents 2 to 5
JUDGMENT
(Delivered by Senthilkumar Ramamoorthy, J.)
This writ appeal is filed by the respondents 5 and 6 to the writ
petition. The first respondent herein is the writ petitioner. The writ
petition was filed for issuance of a writ of mandamus to direct the
registration authorities to consider the representation of the writ
petitioner dated 02.09.2020 and to take action thereon.
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W.A.No.1144 of 2020
2. The Writ Court, by the order impugned herein, directed the
fifth respondent/Sub Registrar, Joint-I, Thiruppapuliur, Cuddalore
District to consider the representations made by the writ petitioner on
15.08.2019 and 02.09.2020 and deal with the same strictly under
Section 83 of the Registration Act, 1908 after affording opportunity to
the parties.
3. Learned counsel for the appellants states that the order
impugned was passed by the Writ Court without providing an
opportunity to the appellants herein. He further states that the writ
petition was disposed of on the basis of an allegation with regard to
the misuse of the trust deed by the first appellant. According to
learned counsel for the appellants, such an observation should not
have been made in the absence of the appellants.
4. Upon perusal of the order of the Writ Court, it is evident that
the Writ Court has merely directed the fifth respondent herein to
consider the representations made by the writ petitioner on
15.08.2019 and 02.09.2020 and to dispose of the same after providing
an opportunity to all the parties. As such the appellants herein are not
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W.A.No.1144 of 2020
prejudiced in any manner by the said order. Consequently, the order
impugned herein does not call for any interference. Nonetheless, it is
made clear that the registration authorities shall consider and dispose
of the representations of the writ petitioner uninfluenced by any of the
observations made in the order of the Writ Court.
5. W.A.No.1144 of 2020 is disposed of on the above terms.
There will be no order as to costs. Consequently, C.M.P.No.14045 of
2020 is closed.
(S.B., CJ.) (S.K.R., J.)
08.02.2021
Index : No
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W.A.No.1144 of 2020
To
1.The Secretary to Government,
Registration Department,
Secretariat,
Chennai - 600 009.
2.The Inspector General of Registration,
Santhome Office,
Chennai.
3.The District Registrar,
District Registration Office,
Cuddalore District.
4.The Sub-Registrar,
Sub Registrar Office,
Joint-I, Thirupapuliyur,
Cuddalore District.
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W.A.No.1144 of 2020
THE HON'BLE CHIEF JUSTICE
AND
SENTHILKUMAR RAMAMOORTHY, J.
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W.A.No.1144 of 2020
08.02.2021
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