M.A.Sankar vs The District Collector
2023 Latest Caselaw 8295 Mad

                                                                                    W.P.No.20930 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 14.07.2023

                                                           CORAM

                           THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                                     W.P.No.20930 of 2023

                     M.A.Sankar                                                 ... Petitioner

                                                             Vs.

                     1.The District Collector,
                       O/o the District Collector,
                       Salem District – 636 001.

                     2.The District Registrar,
                       O/o the District Collectorate – Salem West,
                       Salem District – 636 001.

                     3.The Sub Registrar,
                       O/o the Sub Registrar,
                       Omalur Taluk,
                       Salem District – 636 455.                                ... Respondents

                     Prayer: Writ Petition filed under Article 226 of the Constitution of India for
                     issuance of a Writ of Mandamus, direct to the 2nd respondent consider the
                     petitioner's representation on 25.05.2023 and consequently direct to the 2 nd
                     respondent to cancel the false Documents No. 369 of 2008 and 9685 of 2010.
                                    For Petitioner            : Mr.G.Munuraj

                                    For R1 to R3              : Mr.T.Venkatesh Kumar
                                                                Special Government Pleader


                     Page 1 of 6

https://www.mhc.tn.gov.in/judis
                                                                                           W.P.No.20930 of 2023


                                                               ORDER

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

respondent to consider the petitioner's representation on 25.05.2023 and

consequently direct the 2nd respondent to cancel the false Documents No. 369

of 2008 and 9685 of 2010.

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 direct all the authorities to follow Circular No.1/2023 dated 10.06.2023 strictly for the purpose of disposal of the

https://www.mhc.tn.gov.in/judis W.P.No.20930 of 2023

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.20930 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.

14.07.2023

Jeni Index : Yes Speaking order Neutral Citation : Yes

https://www.mhc.tn.gov.in/judis W.P.No.20930 of 2023

To

1.The District Collector, O/o the District Collector, Salem District – 636 001.

2.The District Registrar, O/o the District Collectorate – Salem West, Salem District – 636 001.

3.The Sub Registrar, O/o the Sub Registrar, Omalur Taluk, Salem District – 636 455.

https://www.mhc.tn.gov.in/judis W.P.No.20930 of 2023

S.M.SUBRAMANIAM, J.

Jeni

W.P.No.20930 of 2023

14.07.2023

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