Madras High Court
T.Kumaresan vs The District Registrar ... on 5 July, 2023
W.P.No.19747 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.19747 of 2023
T.Kumaresan ... Petitioner
Vs.
1.The District Registrar (Administration),
Chennai Central Registration District,
268, Bharathi Salai,
Express Estate,
Royapettah,
Chennai – 600 014.
2.The Sub Registrar,
Kodambakkam Sub-Registrar Office,
No.63, Jawaharlal Nehru Salai,
100 ft Road, Arumbakkam,
Chennai – 600 106.
3.The Inspector General of Registration,
No.100, Santhome High Road,
Pattinapakkam,
Chennai – 600 028.
4.Mrs.K.Ranjini
5.Mr.K.Loganathan
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.P.No.19747 of 2023
6.Mr.K.Prem Anandakumar
7.Mrs.K.Gayathri
8.Mr.Eriki Chandramouli
9.Mrs.Eriki Jayapradha ... Respondents
Prayer: Writ Petition is filed under Article 227 of the Constitution of India,
to issue a Writ of Mandamus, directing the 1 st respondent to conduct enquiry
on the complaint petition dated 02.05.2023 presented under Section 77-A of
the Indian Registration Act, 1908 and take appropriate action in accordance
with the scheme of the Indian Registration Act, 1908.
For Petitioner : Mr.R.Natarajan
For R1 to R3 : Mr.E.Sundaram,
Government Advocate
ORDER
The writ petition has been filed for directing the 1st respondent to
conduct enquiry on the complaint petition dated 02.05.2023 presented under
Section 77-A of the Indian Registration Act, 1908 in accordance with the
priovisions of the Indian Registration Act, 1908.
https://www.mhc.tn.gov.in/judis
W.P.No.19747 of 2023
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 & 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 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;
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W.P.No.19747 of 2023
(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.19747 of 2023
3. In view of the fact that the case of the petitioner is also similar to
that of the cases (cited supra), this writ petition stands disposed of.
No costs.
05.07.2023
skr
Index : Yes
Speaking order
Neutral Citation : Yes
To
1.The District Registrar (Administration),
Chennai Central Registration District,
268, Bharathi Salai,
Express Estate,
Royapettah,
Chennai – 600 014.
2.The Sub Registrar,
Kodambakkam Sub-Registrar Office,
No.63, Jawaharlal Nehru Salai,
100 ft Road, Arumbakkam,
Chennai – 600 106.
3.The Inspector General of Registration,
No.100, Santhome High Road,
Pattinapakkam,
Chennai – 600 028.
https://www.mhc.tn.gov.in/judis
W.P.No.19747 of 2023
S.M.SUBRAMANIAM, J.
skr
W.P.No.19747 of 2023
05.07.2023
https://www.mhc.tn.gov.in/judis
