Madras High Court
Thangavel vs The District Collector on 12 July, 2023
W.P.No.20640 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.07.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.20640 of 2023
Thangavel ... Petitioner
Vs.
1.The District Collector
Namakkal.
2.The District Registrar,
Collector Office Campus,
Namakkal – 637 003.
3.The Joint Registrar-2,
Sub-registrar office, Mohanoor,
Namakkal District.
4.The Assistant Director,
The Directorate of Town & Country Planning,
No.6/12, 17 Paramathi Road (South Side),
Namakkal – 637 001.
5.V.Suresh
6.V.Selvi
7.S.Sathish ... Respondents
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.P.No.20640 of 2023
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the second respondent to cancel
the sale deed stands in the name of the eighth and ninth respondents vide
document No.1768/2023 on the file of the third respondent by considering
the petitioner's representation dated 19.04.2023 within the stipulated time.
For Petitioner : Mr.M.Sridhar
For Respondents 1 to 4 : Mr.C.Jayaprakash,
Government Advocate
ORDER
The relief sought for in the present writ petition is to direct the second
respondent to cancel the sale deed stands in the name of the eighth and ninth
respondents vide document No.1768/2023 on the file of the third respondent
by considering the petitioner's representation dated 19.04.2023 within the
stipulated time.
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 &
another Vs. The Sub Registrar, Salem District] etc., and batch, and a
judgment was delivered on 15.06.2023 and the relevant paragraphs of the
judgment are extracted hereunder:
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W.P.No.20640 of 2023
“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 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.
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W.P.No.20640 of 2023
(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 case of the petitioner is also to be
considered on the same line. Accordingly, this Writ Petition stands disposed
of. No costs.
12.07.2023
nl
Index : Yes
Speaking order
Neutral Citation : Yes
https://www.mhc.tn.gov.in/judis
W.P.No.20640 of 2023
To
1.The District Collector
Namakkal.
2.The District Registrar,
Collector Office Campus,
Namakkal – 637 003.
3.The Joint Registrar-2,
Sub-registrar office, Mohanoor,
Namakkal District.
4.The Assistant Director,
The Directorate of Town & Country Planning,
No.6/12, 17 Paramathi Road (South Side),
Namakkal – 637 001.
https://www.mhc.tn.gov.in/judis
W.P.No.20640 of 2023
S.M.SUBRAMANIAM, J.
nl
W.P.No.20640 of 2023
12.07.2023
https://www.mhc.tn.gov.in/judis
