M.Thamilarasan vs The Deputy Inspector General Of ...
2023 Latest Caselaw 11314 Mad

                                                                              W.P.No.25296 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 28.08.2023

                                                         CORAM

                            THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                                W.P.No.25296 of 2023

                     M.Thamilarasan                                       ... Petitioner

                                                          Vs.

                     1.The Deputy Inspector General of Registration
                       Integrated Building of the Office of the
                       Deputy Inspector General of Registration
                       Kumaragiri By-Pass Road
                       Near Udayampatti
                       Electricity Station, Ammapettai, Salem – 636 014

                     2. The District Registrar (Admin)
                        Registration Department
                        Dharmapuri
                        Dharmapuri District

                     3. The Sub-Registrar
                        Office of the Sub-Registrar
                       Pappireddipatti
                       Dharmapuri District

                     4. V.Kannan

                     5. V.Elumalai

                     6.V.Sakthivel

                     7.Rajendran                                          ... Respondents

                     Page 1 of 6

https://www.mhc.tn.gov.in/judis
                                                                                           W.P.No.25296 of 2023



                     Prayer: Writ Petition filed under Article 226 of the Constitution of India for
                     issuance of a Writ of Mandamus, directing the first respondent to pass orders
                     on the petitioner's appeal dated 20.10.2022 and the judgment passed in W.P
                     (MD) No.10177 of 2021 dated 17.06.2021 and also based on Section 4 of the
                     Registration (Tamil Nadu 2nd Amendment) Act, 2021 within the time frame
                     fixed by this Court.
                                        For Petitioner             : Mr.S.Arokiamaniraj

                                        For R1 to R3               : Mr.T.Arun Kumar
                                                                   Additional Government Pleader


                                                             ORDER

The relief sought for in the present writ petition is to direct the 1st the

respondent to dispose of petitioner's appeal dated 20.10.2022 in accordance

with law.

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

https://www.mhc.tn.gov.in/judis W.P.No.25296 of 2023

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 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

https://www.mhc.tn.gov.in/judis W.P.No.25296 of 2023

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.”

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.

4. Accordingly, this Writ Petition stands disposed of. No costs.

28.08.2023

Index : Yes Neutral Citation : No Speaking order gpa

https://www.mhc.tn.gov.in/judis W.P.No.25296 of 2023

To

1.The Deputy Inspector General of Registration Integrated Building of the Office of the Deputy Inspector General of Registration Kumaragiri by-Pass Road Near Udayampatti Electricity Station, Ammapettai, Salem – 636 014

2. The District Registrar (Admin) Registration Department Dharmapuri Dharmapuri District

3. The Sub-Registrar Office of the Sub-Registrar Pappireddipatti Dharmapuri District

https://www.mhc.tn.gov.in/judis W.P.No.25296 of 2023

S.M.SUBRAMANIAM, J.

gpa

W.P.No.25296 of 2023

28.08.2023

https://www.mhc.tn.gov.in/judis