K.Kuppusamy vs The District Registrar ...
2023 Latest Caselaw 7674 Mad

Citation : 2023 Latest Caselaw 7674 Mad
Judgement Date : 5 July, 2023

Madras High Court

K.Kuppusamy vs The District Registrar ... on 5 July, 2023

                                                                                   W.P.No.19805 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.19805 of 2023
                                                          and
                                                 W.M.P.No.19123 of 2023

                     K.Kuppusamy                                                ... Petitioner

                                                             Vs.

                     1.The District Registrar (Administration),
                       Vellore Road,
                       Thiruvannamalai.

                     2.The Sub-Registrar,
                       The Sub-Register Office,
                       Kilpennathur.

                     3.Jothi Shanmugasundaram                                   ... Respondents

                     Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
                     to Writ of Certiorari, calling for the records pertaining to the proceedings in
                     No.1612/E/2023 on the file of the 1st respondent and to quash the same as
                     illegal, incompetent and ultravires.


                                     For Petitioner            : Mr.M.Guruprasad

                                     For R1 & R2               : Mr.P.Sanjay Gandhi,
                                                                 Government Advocate

                     Page 1 of 5

https://www.mhc.tn.gov.in/judis
                                                                                        W.P.No.19805 of 2023



                                                            ORDER

The writ petition has been filed for calling for the records pertaining

to the proceedings in No.1612/E/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.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

https://www.mhc.tn.gov.in/judis W.P.No.19805 of 2023

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.