Madras High Court
P.Velu vs The District Registrar on 29 August, 2023
W.P.No.25366 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.08.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.25366 of 2023
P.Velu ... Petitioner
Vs.
1.The District Registrar,
District Registrar Office,
Tindivanam,
Villupuram District.
2.The Sub Registrar,
Sub Registrar Office,
Avalurpet,
Villupuram District.
3.K.Kumar
4.K.Shankar
5.K.Palani
6.K.Sakthivel
7.K.Iyappan
8.K.Devendran
9.K.Chandra ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the first respondent to consider
the petitioner's representation dated 28.09.2022 and direct the first
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W.P.No.25366 of 2023
respondent to cancel the settlement deeds dated 16.08.2022 vide document
No.1413/2022, 1414/2022 executed by late Kasi in favour of the respondents
3 to 9 and also the settlement deed executed by the respondents 3 to 8 in
favour of the petitioner vide document No.1491 of 2022.
For Petitioner : Mrs.S.Suseela Devi
For Respondents 1 & 2 : Mr.G.Krishna Raja,
Additional Government Pleader
ORDER
The relief sought for in the present writ petition is to direct the first
respondent to consider the petitioner's representation dated 28.09.2022 and
direct the first respondent to cancel the settlement deeds dated 16.08.2022
vide document No.1413/2022, 1414/2022 executed by late Kasi in favour of
the respondents 3 to 9 and also the settlement deed executed by the
respondents 3 to 8 in favour of the petitioner vide document No.1491 of
2022.
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 &
another Vs. The Sub Registrar, Salem District] etc., and batch, and a
judgment was delivered on 15.06.2023 and the relevant paragraphs of the
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W.P.No.25366 of 2023
judgment are extracted hereunder:
“33. In view of the facts and circumstances, the following
orders are passed:
(i) 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;
(ii) 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;
(iii) 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.
(iv) 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,
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W.P.No.25366 of 2023
departmental disciplinary proceedings are to be initiated under
the relevant Service Rules.
(v) 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. Accordingly, this Writ Petition stands disposed
of. No costs.
29.08.2023
nl
Index : Yes
Speaking order
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W.P.No.25366 of 2023
To
1.The District Registrar,
District Registrar Office,
Tindivanam,
Villupuram District.
2.The Sub Registrar,
Sub Registrar Office,
Avalurpet,
Villupuram District.
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W.P.No.25366 of 2023
S.M.SUBRAMANIAM, J.
nl
W.P.No.25366 of 2023
29.08.2023
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