R.Dinesh Kumar vs The Inspector General Of ...
2023 Latest Caselaw 8843 Mad

Citation : 2023 Latest Caselaw 8843 Mad
Judgement Date : 24 July, 2023

Madras High Court

R.Dinesh Kumar vs The Inspector General Of ... on 24 July, 2023

    2023:MHC:3431

                                                                                  W.P.No.21747 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 24.07.2023

                                                        CORAM

                           THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                                W.P.No.21747 of 2023

                     R.Dinesh Kumar                                           ... Petitioner

                                                           Vs.

                     1.The Inspector General of Registration,
                       Office of the Inspector General of Registration,
                       No.100, Santhome High Road,
                       R.A.Puram, Chennai – 600 028.

                     2.The Sub Registrar,
                       Sub Registrar Office Adyar,
                       No.7, West Canal Bank Road,
                       Kotturpuram, Chennai – 600 085.                        ... Respondents

                     Prayer: Writ Petition filed under Article 226 of the Constitution of India for
                     issuance of a Writ of Mandamus, to direct the second respondent to consider
                     the representation dated 15.02.2023 and consequently to cancel the
                     Settlement Deed – Document No.1978 of 2015 dated 15.07.2015 and
                     Rectification deed – Document No.1259 of 2018 dated 30.05.2018 Pursuant
                     to the property situated at Old No.37, New Door No.85, 1st Main Road,
                     Gandhi Nagar, Adyar, Chennai 600 020 for an extent of 6665 Sq.ft land
                     along with 40507 Sq.ft commercial building.



                     Page 1 of 6

https://www.mhc.tn.gov.in/judis
                                                                                           W.P.No.21747 of 2023



                                        For Petitioner             : Mr.N.S.Thanu Madhan

                                        For Respondents            : Mr.D.Ravichander
                                                                     Special Government Pleader


                                                               ORDER

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

respondent to consider the representation dated 15.02.2023 and

consequently, to cancel the Settlement Deed in Document No.1978 of 2015

dated 15.07.2015 and Rectification deed in Document No.1259 of 2018 dated

30.05.2018 pursuant to the property situated at Old No.37, New Door No.85,

1st Main Road, Gandhi Nagar, Adyar, Chennai 600 020 for an extent of 6665

Sq.ft land along with 40507 Sq.ft commercial building.

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:

https://www.mhc.tn.gov.in/judis W.P.No.21747 of 2023

(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 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,

https://www.mhc.tn.gov.in/judis W.P.No.21747 of 2023

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.

(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.

24.07.2023

Jeni Index : Yes Neutral Citation : Yes Speaking order

https://www.mhc.tn.gov.in/judis W.P.No.21747 of 2023

1.The Inspector General of Registration, Office of the Inspector General of Registration, No.100, Santhome High Road, R.A.Puram, Chennai – 600 028.

2.The Sub Registrar, Sub Registrar Office Adyar, No.7, West Canal Bank Road, Kotturpuram, Chennai – 600 085.

https://www.mhc.tn.gov.in/judis W.P.No.21747 of 2023