Madras High Court
S.P.Jagadeesan vs The Inspector General Of ... on 30 August, 2023
W.P.No.25443 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.08.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.25443 of 2023
S.P.Jagadeesan ... Petitioner
Vs.
1.The Inspector General of Registration,
Santhome,
Chennai – 600 028.
2.The Deputy Inspector General of Registration,
Integrated Building Complex,
Kumaragiri Bypass Road,
Kamarajar Nagar Colony,
Salem District- 636 014.
3.The District Registrar (Salem West),
Collectorate, Salem,
Salem District - 636 001.
4. Sub-Registrar (Mettur),
Mettur Taluk,
Salem District - 636 401.
5. The Tahsildar,
Mettur Taluk,
Mettur,
Salem District- 636 401.
Page 1 of 7
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W.P.No.25443 of 2023
6. Chandran @ Chandrasekaran
7. Saravanan
8. Kavitha
9. Selvaraj ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, to direct the 3rd respondent to pass final
order on the application dated 05.08.2021 which was originally filed
u/s.68(2) of Registration Act which was converted into section 77(A) of
Registration Act by an order dated 25.04.2023 on the file of the 1st
respondent and to cancel the sale deed registered by the 4th respondent in
favour of the 9th respondent in D.No.1897/2021 dated 17.03.2021 submitted
by the respondents 6 to 8 in respect of the property in S.No.187/1B2 to the
extent of 12 ¾ cents situated at Veerakkalpudur Village, Mettur Taluk.
For Petitioner : Mr.V.Elangovan
For Respondents 1 to 5 : Mr.E.Sundarram,
Government Pleader.
ORDER
The relief sought for in the present writ petition is to direct the 3rd
respondent to pass final order on the application dated 05.08.2021, which
was originally filed u/s.68(2) of Registration Act which was converted into
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W.P.No.25443 of 2023
section 77(A) of Registration Act by an order dated 25.04.2023 on the file of
the 1st respondent and to cancel the sale deed registered by the 4th
respondent in favour of the 9th respondent in D.No.1897/2021 dated
17.03.2021 submitted by the respondents 6 to 8 in respect of the property in
S.No.187/1B2 to the extent of 12 3/4 cents situated at Veerakkalpudur
Village, Mettur Taluk.
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 judgement
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
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W.P.No.25443 of 2023
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
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.
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W.P.No.25443 of 2023
(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.
30.08.2023
nl/gvn
Index : Yes
Speaking order
Neutral Citation : Yes
To
1.The Inspector General of Registration,
Tamil Nadu Government Registration Department,
No.100, Santhome High Road,
Pattinapakkam,
Chennai – 600 028.
2.The Deputy Inspector General of Registration,
Integrated Building Complex,
Kumaragiri Bypass Road,
Kamarajar Nagar Colony,
Salem District- 636 014.
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W.P.No.25443 of 2023
3.The District Registrar (Salem West),
Collectorate, Salem,
Salem District - 636 001.
4. Sub-Registrar (Mettur),
Mettur Taluk,
Salem District - 636 401.
5. The Tahsildar,
Mettur Taluk,
Mettur,
Salem District- 636 401.
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W.P.No.25443 of 2023
S.M.SUBRAMANIAM, J.
nl/gvn
W.P.No.25443 of 2023
30.08.2023
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