J.Tamilselvi vs The District Registrar ...
2023 Latest Caselaw 7449 Mad

                                                                              W.P.No.19516 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 03.07.2023

                                                      CORAM

                            THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

                                              W.P.No.19516 of 2023
                                                      and
                                             W.M.P.No.18773 of 2023


                   J.Tamilselvi                                                 ... Petitioner

                                                            vs.

                   1. The District Registrar (Administration),
                      District Registrar Office,
                      South Chennai, Nandhanam Chennai.

                   2. The Sub Registrar,
                      The Sub Registrar Office,
                      Neelangarai.

                   3. Lakshmi @ Chellam                                        ... Respondents


                   Prayer :- Writ petition filed under Article 226 of the Constitution of India
                   praying for issuance of a writ of certiorari, call for the records pertaining to
                   the proceedings in Letter No. 19837/ E2/ 2023 dated 22.05.2023 on the file
                   of the 1st respondent and to quash the same as illegal, incompetent and
                   ultravires.




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                                                                               W.P.No.19516 of 2023


                                  For Petitioner        : Mr.T.Balaji

                                  For Respondents      :
                                  (for R1 to R2)       : Mr.D.Ravichander, Spl.G.P.



                                                       ORDER

The relief sought for in the writ petition is to call for the records

pertaining to the proceedings in Letter No. 19837/ E2/ 2023 dated

22.05.2023 on the file of the 1st respondent and to quash the same as

illegal, incompetent and ultravires.

2.The issues raised in the present writ petition were adjudicated by

this Court in a batch of writ petitions in W.P.Nos.4192 of 2018 & etc.,

batch, and a judgment was delivered on 15.06.2023 and the relevant

paragraphs of the 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

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

W.P.No.19516 of 2023

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, 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.”

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W.P.No.19516 of 2023

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.

                   (sha)                                                                 03.07.2023
                   Index : Yes
                   Speaking Order
                   Neutral Citation : Yes




                   To

1. The District Registrar (Administration), District Registrar Office, South Chennai, Nandhanam Chennai.

2. The Sub Registrar, The Sub Registrar Office, Neelangarai.

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

W.P.No.19516 of 2023

S.M.SUBRAMANIAM. J.,

(sha)

W.P.No.19516 of 2023

03.07.2023

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