Madras High Court
Pachaiyammal vs The District Registrar on 11 July, 2023
WP No.17672 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11-07-2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
WP No.17672 of 2023
And
WMP No.16768 of 2023
Pachaiyammal ... Petitioner
Vs.
1.The District Registrar,
District Registrar Office,
No.10, Kancheepuram Main Road,
Chengalpattu-603 002.
2.The Sub Registrar,
Thirukalukundram,
No.35, Kammala Street,
Thirukazhukundram,
Chengalpattu-603 109.
3.Revenue Divisional Officer,
Revenue Divisional Office (South),
Guindy,
Chennai-600 032.
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WP No.17672 of 2023
4.City Health Officer,
Greater Chennai Corporation,
Ribbon Building,
Chennai-600 003.
5.C.Rani
6.Kala
7.Sampath
8.Jayalakshmi
9.Kamesh
10.Ilakkiya
11.Senthamarai
12.M.Kumar
13.M.Raja
14.Jagan
15.Jayakumar ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Mandamus, directing the first respondent to
conduct an enquiry on the petitioner's complaint dated 16.03.2023 within
short time frame and in consequence to launch prosecution against private
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WP No.17672 of 2023
respondents under Section 83 of the Registration Act, 1908 and in
consequence to cancel the document Nos.1043/2023, 1061/2023 and 3360/
2023 registered in the office of the second respondent as per Section 77A of
the Registration Act, 1908.
For Petitioner : Mr.L.Muruganantham
For Respondents-1 to 3 : Mr.E.Sundaram,
Government Advocate.
For Respondent-4 : Ms.P.T.Ramadevi,
Standing Counsel for Greater
Chennai Corporation.
ORDER
The relief sought for in the present writ petition is to direct the
first respondent to conduct an enquiry on the petitioner's complaint dated
16.03.2023 within short time frame and in consequence to launch
prosecution against private respondents under Section 83 of the Registration
Act, 1908 and in consequence to cancel the document Nos.1043/2023,
1061/2023 and 3360/ 2023 registered in the office of the second respondent
as per Section 77A of the Registration Act, 1908.
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WP No.17672 of 2023
2. The issues raised in the present writ petition were
adjudicated by this Court in a batch of writ petitions in WP No.4192 of
2018 etc. batch [A.Selvam vs. The Sub Registrar, Salem District] and
judgment was delivered on 15.06.2023 and the relevant paragraph-33 of the
said judgment is 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;
(iii) The respondents are directed to
relegate the parties to approach Civil Court of
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WP No.17672 of 2023
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.”
3. In view of the fact that the case of the petitioner is also
similar to that of the cases (cited supra), the present writ petition is also to
be considered on the same line.
4. Accordingly, the present writ petition stands disposed of.
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WP No.17672 of 2023
However, there shall be no order as to costs. Consequently, the connected
miscellaneous petition is closed.
11-07-2023
Index : Yes/No
Internet: Yes/No
Speaking order/Non-Speaking order
Neutral Citation : Yes/No
Svn
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WP No.17672 of 2023
To
1.The District Registrar,
District Registrar Office,
No.10, Kancheepuram Main Road,
Chengalpattu-603 002.
2.The Sub Registrar,
Thirukalukundram,
No.35, Kammala Street,
Thirukazhukundram,
Chengalpattu-603 109.
3.Revenue Divisional Officer,
Revenue Divisional Office (South),
Guindy,
Chennai-600 032.
4.City Health Officer,
Greater Chennai Corporation,
Ribbon Building,
Chennai-600 003.
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WP No.17672 of 2023
S.M.SUBRAMANIAM, J.
Svn
WP 17672 of 2023
11-07-2023
https://www.mhc.tn.gov.in/judis
