Citation : 2023 Latest Caselaw 8701 Mad
Judgement Date : 20 July, 2023
W.P.No.21386 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.07.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.21386 of 2023
S.Angappan ... Petitioner
Vs.
1.The Deputy Inspector General of Registration,
Integrated Building for Offices of the
Commercial Taxes and Registration Department,
Fanepet, Nandanam,
Chennai – 600 035.
2.The District Registrar (Administration),
Chennai (North),
District Registrar Office,
1st Floor, Ex Lane,
Chennai – 600 104.
3.Thiru.Muthukumar ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the 1st respondent to dispose the
appeal dated 15.05.2023 filed by the petitioner against the order passed by
the 2nd respondent in Lr.No.5342/A5/2020 dated 02.03.2023.
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.P.No.21386 of 2023
For Petitioner : Mr. Prabhakaran
for Mr.V.Elangovan
For R1 & R2 : Mr.G.Krishna Raja,
Additional Government Pleader
ORDER
The writ petition has been filed for directing the 1st respondent to
dispose the appeal dated 15.05.2023 filed by the petitioner against the order
passed by the 2nd respondent in Lr.No.5342/A5/2020 dated 02.03.2023.
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
https://www.mhc.tn.gov.in/judis W.P.No.21386 of 2023
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
https://www.mhc.tn.gov.in/judis W.P.No.21386 of 2023
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 case of the petitioner is also to be
considered on the same line.
4. Accordingly, this Writ Petition stands disposed of. No costs.
20.07.2023 skr Index : Yes Speaking order
https://www.mhc.tn.gov.in/judis W.P.No.21386 of 2023
To
1.The Deputy Inspector General of Registration, Integrated Building for Offices of the Commercial Taxes and Registration Department, Fanepet, Nandanam, Chennai – 600 035.
2.The District Registrar (Administration), Chennai (North), District Registrar Office, 1st Floor, Ex Lane, Chennai – 600 104.
https://www.mhc.tn.gov.in/judis W.P.No.21386 of 2023
S.M.SUBRAMANIAM, J.
skr
W.P.No.21386 of 2023
20.07.2023
https://www.mhc.tn.gov.in/judis
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