Citation : 2023 Latest Caselaw 10330 Mad
Judgement Date : 14 August, 2023
W.P.No.23844 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.08.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.23844 of 2023 &
W.M.P.No.23361 of 2023
Mr.Ravi Sangameshwaran,
Currently residing at No.5184 Warwickshire Way,
Mississauga, Ontario L5V, IP8, Canada,
Rep. by his Power Agent Mr.S.Ramesh,
Flat No.L-1, Alsa Crescent, Also Gardens,
New No.58, Old No.72, Harrington Road,
Chetpet, Chennai – 600 031. ... Petitioner
Vs.
1.The Inspector General of Registration,
No.100, Santhome High Road,
Chennai – 600 028.
2.The Deputy Inspector General of Registration,
Chennai Zone, 26F J+GV8, Ground Floor,
Integrated Building for Officers of the Commercial Taxes,
And Registration Department,
Fanepet, Nandanam, Chennai – 600 035.
3.The District Registrar,
Chennai Central,
No.182, Bharath Salai,
Royapettah, Chennai – 600 014.
Page 1 of 7
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W.P.No.23844 of 2023
4.The Sub-Registrar,
Periamet Sub Registrar Office,
No.1103, Poonamallee High Road,
Periamet, Chennai – 600 003.
5.K.Sunitha
6.S.Jayakumari
7.Mohammed Imran ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the 3rd respondent to pass orders
based on the Representation dated 24.03.2023 seeking enquiry with reference
to the entry of Document No.7602/1989 purchasing to the property of the
petitioner.
For Petitioner : Mr.A.Abdul Hameed, Senior Counsel
for M/s.AAV Partners
For Respondents 1 to 4 : Mr.D.Ravichander,
Special Government Pleader
ORDER
The relief sought for in the present writ petition is to direct the third
respondent to pass orders based on the representation dated 24.03.2023
seeking enquiry with reference to the entry of document No.7602/1989.
2. The issues raised in the present writ petition were adjudicated by this
Court in a batch of writ petitions in W.P.No.4192 of 2018 [A.Selvam vs. The
https://www.mhc.tn.gov.in/judis W.P.No.23844 of 2023
Sub Registrar, Dadagapatti, Salem District] etc., and batch, and a
judgment was delivered on 15.06.2023. Subsequently, a circular dated
10.06.2023 has been issued by the Inspector General of Registration in
Circular No. 01/2023. The relevant paragraphs of the above said judgment
are extracted hereunder:
“33. In view of the facts and circumstances, the following orders are passed:
(1) In respect of the complaints pending before the District Registrars concerned and the appeals pending before the respective Appellate Authorities, the Inspector General of Registration shall direct all the authorities to follow Circular No.1/2023 dated 10.06.2023 strictly for the purpose of disposal of the complaints and the appeals in a consistent manner;
(2) The Inspector General of Registration is directed to incorporate the further clarifications as stated in this order and
https://www.mhc.tn.gov.in/judis W.P.No.23844 of 2023
issue a fresh Circular within a period of two weeks from the date of receipt of a copy of this order;
(3) The respondents are directed to relegate the parties to approach Civil Court of Law, in the event of disputed facts regarding civil rights exist between the parties.
(4) In the event of violation of the guidelines issued by the Inspector General of Registration or the directions issued by this Court or any other lapses, negligence or dereliction of duty is found while performing the duties by the authorities, departmental disciplinary proceedings are to be initiated under the relevant Service Rules.
(5) The Inspector General of Registration is
directed to conduct periodical Reviews as warranted under the Rules of Public Administration.”
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3. In view of the fact that the case of the petitioner is also similar to that
of the cases (cited supra), the case of the petitioner is also to be considered on
the same line. Accordingly, this Writ Petition stands disposed of. No costs.
Consequently, connected miscellaneous petition is closed.
14.08.2023
nl
Index : Yes Speaking order
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To
1.The Inspector General of Registration, No.100, Santhome High Road, Chennai – 600 028.
2.The Deputy Inspector General of Registration, Chennai Zone, 26F J+GV8, Ground Floor, Integrated Building for Officers of the Commercial Taxes, And Registration Department, Fanepet, Nandanam, Chennai – 600 035.
3.The District Registrar, Chennai Central, No.182, Bharath Salai, Royapettah, Chennai – 600 014.
4.The Sub-Registrar, Periamet Sub Registrar Office, No.1103, Poonamallee High Road, Periamet, Chennai – 600 003.
https://www.mhc.tn.gov.in/judis W.P.No.23844 of 2023
S.M.SUBRAMANIAM, J.
nl
W.P.No.23844 of 2023
14.08.2023
https://www.mhc.tn.gov.in/judis
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