Madras High Court
E.Kumar vs The District Registrar on 22 August, 2023
W.P.No.24721 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.08.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.24721 of 2023
E.Kumar ...Petitioner
Vs.
1.The District Registrar,
Office of the District Registrar,
Kallakurichi District.
2.Subramaniyan ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, directing the 1st respondent to consider and
dispose the representation dated 16.06.2023 to cancel the partition deed in
Document No.2670/2015 dated 06.07.2015 registered in the SRO,
Chinnasalem executed by the 2nd respondent herein.
For Petitioner : Mr.E.D.Sethupathi
For R1 : Mr.T.Arunkumar
Additional Government Pleader.
Page 1 of 5
https://www.mhc.tn.gov.in/judis
W.P.No.24721 of 2023
ORDER
The relief sought for in the present writ petition to direct the 1st
respondent to consider and dispose the representation dated 16.06.2023 to
cancel the partition deed in Document No.2670/2015 dated 06.07.2015
registered in the SRO, Chinnasalem executed by the 2nd respondent herein.
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
Sub Registrar, Dadagapatti, Salem District] etc., and batch, and a
judgment was delivered on 15.06.2023. In this regard, the Inspector General
of Registration has issued a Letter No.19464/U1/2023 dated 10.06.2023 in
Circular No.1 of 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
https://www.mhc.tn.gov.in/judis
W.P.No.24721 of 2023
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 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
https://www.mhc.tn.gov.in/judis
W.P.No.24721 of 2023
warranted under the Rules of Public
Administration.”
https://www.mhc.tn.gov.in/judis
W.P.No.24721 of 2023
S.M.SUBRAMANIAM, J.
cse
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 by the 2nd respondent herein.
4. Accordingly, this Writ Petition stands disposed of. No costs.
22.08.2023
cse
Index:Yes/No
Neutral Citation:Yes/No
Speaking order/Non-Speaking Order
To
The District Registrar,
Office of the District Registrar,
Kallakurichi District.
W.P.No.24721 of 2023
https://www.mhc.tn.gov.in/judis
