Madras High Court
V.G.Selvaraja vs The Member Secretary on 17 July, 2023
W.P.No.20927 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.07.2023
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
W.P.No.20927 of 2023
and
W.M.P.20306 of 2023
V.G.Selvaraja ... Petitioner
Vs.
1.The Member Secretary
Chennai Metropolitan Development Authority,
No 1 Gandhi Irvin Road,
Egmore, Chennai-600008.
2.The Inspector General of Registration,
Santhome High Road,
Chennai 28
3.The District Registrar,
Central Chennai,
No 182, Bharathi Salai,
Chennai 5
4.The Sub Registrar,
Kodambakkam,
Chennai 26
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W.P.No.20927 of 2023
5.The Rector
M/S Loyola College,
Nungambakkam Chennai 600 034
6.R. Ramakrishnan
Flat No. 507, Vasu Block,
Chitra Avenue,
No.9, Choolaimedu High Road,
Chennai-94,
Representing all the purchasers of UDS Land in Respect of Unauthorised
Floors of all Blocks of Chitra Avenue No 9,
Choolaimedu High Road, Chennai 94. ...Respondents
Prayer:- Writ petition filed under Article 226 of the Constitution of India
praying for issuance of a writ of Mandamus, directing the third respondent
to conduct enquiry and pass orders in terms of Sec.77-A of the Registration
Act on the representation dated 03.10.2022 made by the petitioner to
cancel all the registered sale deeds in respect of the undivided share of the
land (UDS) executed relating to the flats of the unauthorised floors made
in violation of the sanctioned plan granted by the first respondent at Survey
No 174, 183 , 189 and No.18 of Sowrastra Nagar, 1st Street, Chennai 94
now named as “Chitra Avenue, No 9, Choolaimedu High Road, Chennai
94”.
For Petitioner : Mr.S.Kamadevan
For Respondents :
(for R2 to R.4) : Mr.E.Sundaram, Govt. Advocate
(for R5) : Mr.P.Godson Swaminath
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W.P.No.20927 of 2023
ORDER
The relief sought for in the writ petition is to direct the third
respondent to conduct enquiry and pass orders in terms of Sec.77-A of the
Registration Act on the representation dated 03.10.2022 made by the
petitioner to cancel all the registered sale deeds in respect of the undivided
share of the land (UDS) executed relating to the flats of the unauthorised
floors made in violation of the sanctioned plan granted by the first
respondent at Survey No 174, 183 , 189 and No.18 of Sowrastra Nagar, 1st
Street, Chennai 94 now named as “Chitra Avenue, No 9, Choolaimedu
High Road, Chennai 94”.
2.The issues raised in the present writ petition were adjudicated by
this Court in a batch of writ petitions in W.P.Nos.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
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W.P.No.20927 of 2023
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.
(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.20927 of 2023
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. Consequences, connected miscellaneous petition is
closed.
(sha) 17.07.2023
Index : Yes
Speaking Order
Neutral Citation : Yes
To
1.The Member Secretary
Chennai Metropolitan Development Authority,
No 1 Gandhi Irvin Road,
Egmore, Chennai-600008.
2.The Inspector General of Registration,
Santhome High Road,
Chennai 28
3.The District Registrar,
Central Chennai,
No 182, Bharathi Salai,
Chennai 5
4.The Sub Registrar,
Kodambakkam,
Chennai 26
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W.P.No.20927 of 2023
S.M.SUBRAMANIAM. J.,
(sha)
W.P.No.20927 of 2023
and
W.M.P.20306 of 2023
17.07.2023
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