D.Manjula vs The Inspector General Of ...
2023 Latest Caselaw 7609 Mad

                                                                                  W.P.No.11898 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 05.07.2023

                                                         CORAM

                            THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                                W.P.No.11898 of 2023

                     D.Manjula                                                ... Petitioner

                                                          Vs.

                     1.The Inspector General of Registration
                       No.100, Santhome High Road,
                       Santhome,
                       Chennai – 600 028.

                     2.The District Registrar,
                       The District Registrar Office,
                       Ranipet District.

                     3.The Sub Registrar,
                       The Sub Registrar Office Arcot,
                       Ranipet District.

                     4.C.Silabarasan

                     5.S.Dhanancheliyan                                       ... Respondents

                     Prayer: Writ Petition filed under Article 226 of the Constitution of India for
                     issuance of a Writ of Mandamus, directing the 2nd and 3rd respondents to
                     dispose of the complaint dated 31.10.2022 under Section 77-A of the
                     Registration (Tamil Nadu Second Amendment) Act, 2021.


                     Page 1 of 6

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                                                                                            W.P.No.11898 of 2023

                                        For Petitioner             : Mr.R.Gunaalan

                                        For R1 to R3               : Mr.C.Jayaprakash
                                                                     Government Advocate

                                        For R4 & R5                : No Appearance


                                                               ORDER

The relief sought for in the present writ petition is to direct the 2 nd and

3rd respondents to dispose of the complaint dated 31.10.2022 under Section

77-A of the Registration (Tamil Nadu Second Amendment) Act, 2021.

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 and the relevant paragraphs of the

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

https://www.mhc.tn.gov.in/judis W.P.No.11898 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.

https://www.mhc.tn.gov.in/judis W.P.No.11898 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.

05.07.2023

Jeni Index : Yes Speaking order Neutral Citation : Yes

https://www.mhc.tn.gov.in/judis W.P.No.11898 of 2023

To

1.The Inspector General of Registration No.100, Santhome High Road, Santhome, Chennai – 600 028.

2.The District Registrar, The District Registrar Office, Ranipet District.

3.The Sub Registrar, The Sub Registrar Office Arcot, Ranipet District.

https://www.mhc.tn.gov.in/judis W.P.No.11898 of 2023

S.M.SUBRAMANIAM, J.

Jeni

W.P.No.11898 of 2023

05.07.2023

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