Citation : 2022 Latest Caselaw 7871 Mad
Judgement Date : 13 April, 2022
W.A(MD)No.350 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE PARESH UPADHYAY
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A(MD)No.350 of 2022
1.S.Ramachandran
2.V.Pandiyan
3.S.Pandiyan
4.R.Murugan .. Appellants
Vs
1.The Inspector General of Registration,
O/o. The Inspector General of Registration,
Chennai – 600 028.
2.The Deputy Inspector General of Registration,
O/o. The Deputy Inspector General of Registration,
Combined Registrar Office,
Thirumohur Road, Othakadai,
Madurai – 625 107.
3.The District Registrar,
O/o. The District Registrar,
Karaikudi, Sivagangai District.
4.The Sub Registrar No.2,
O/o. The Sub Registrar No.2,
Karaikudi, Sivagangai District.
5.A.R.Ramasamy .. Respondents
https://www.mhc.tn.gov.in/judis
1/5
W.A(MD)No.350 of 2022
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent
against the order dated 11.03.2022 made in W.P.(MD) No. 4373
of 2022.
For Appellants : Mr.D.Venkatesh
For Respondents : Mr.Veera Kathiravan
Additional Advocate General
assisted by
Mr.S.Shanmugavel,
Additional Government Pleader
for R1 to R4
: Mr.Mahaboob Fazil for R5
JUDGMENT
[Delivered by PARESH UPADHYAY, J.]
1. Challenge in this appeal is made to the order
dated 11.03.2022 recorded on W.P(MD) No. 4373 of 2022. This
appeal is by the fifth respondent.
2. Learned advocate for the appellant, learned
advocate for the original writ petitioner and learned Additional
Advocate General for the State Authorities have jointly submitted
that, the proceedings of W.P.(MD) No. 18703 of 2016 had bearing
on this writ petition and that, had it been brought to the notice of
learned Single Judge, it is quite possible that the order dated
11.03.2022 might have been different.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.350 of 2022
3. Keeping the above in view, we find that, ends
of justice would meet if the matter is considered afresh by
learned Single Judge.
4. Though we do not find any error in the order
under challenge, only for the limited purpose to facilitate the
hearing of the petitioner afresh, that too in the circumstances
noted above, at joint request, the order dated 11.03.2022 passed
by learned Single Judge needs to be set aside.
5. For the above reasons, the following order is
passed:-
5.1 Registry shall notify W.P.(MD) No. 4373 of 2022
for fresh consideration before the concerned court.
5.2 W.P.(MD) No. 18703 of 2016 shall also be
tagged with W.P(MD) No. 4373 of 2022.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.350 of 2022
5.3 For the limited purpose to facilitate the above,
this writ appeal is disposed of by setting aside the order dated
11.03.2022.
5.4 Learned Single Judge is requested to reconsider
the issue, keeping in view the proceedings of W.P.(MD) No.
18703 of 2016, including the interim order, if any passed therein.
5.5 No costs. C.M.P.(MD) No.3437 of 2022 would
not survive.
[P.U., J] [R.V., J]
13.04.2022
Index : No
ssm/8
To
1.The Inspector General of Registration, O/o. The Inspector General of Registration, Chennai – 600 028.
2.The Deputy Inspector General of Registration, O/o. The Deputy Inspector General of Registration, Combined Registrar Office, Thirumohur Road, Othakadai, Madurai – 625 107.
3.The District Registrar, O/o. The District Registrar, Karaikudi, Sivagangai District.
4.The Sub Registrar No.2, O/o. The Sub Registrar No.2, Karaikudi, Sivagangai District.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.350 of 2022
PARESH UPADHYAY, J.
and R.VIJAYAKUMAR, J.
(ssm)
W.A(MD)No.350 of 2022
13.04.2022
https://www.mhc.tn.gov.in/judis
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