Madras High Court
V.Lenin vs The District Registrar on 31 July, 2023
2023:MHC:3580
W.P.No.22439 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.07.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.22439 of 2023
V.Lenin ... Petitioner
Vs.
1.The District Registrar,
Chengalpattu District,
Chengalpattu – 603 001.
2.The Sub Registrar,
Cheyyur Sub Registrar Office,
Cheyyur – 603 302.
3.E.Gnanaprakasam
4.U.Haresh Kumar ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the 1st respondent to initiate
appropriate legal proceedings based upon the complaint of the petitioner
dated 14.02.2023, send through Registered Post dated 18.02.2023 enquire
into the same as per procedure established by law and dispose within the time
frame fixed by this Court.
Page 1 of 6
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W.P.No.22439 of 2023
For Petitioner : Ms.R.Prabhavathy
For R1 to R2 : Mr.G.Krishna Raja
Additional Government Pleader
ORDER
The relief sought for in the present writ petition is to direct the 1st
respondent to initiate appropriate legal proceedings based upon the complaint
of the petitioner dated 14.02.2023, sent through Registered Post dated
18.02.2023 and to enquire into the same as per procedure established by law.
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. In this regard, the Inspector General
of Registration has issued a Letter No.19464/U1/2023 dated 10.06.2023 in
Circular No.1 of 2023. The relevant paragraphs of the above said 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
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W.P.No.22439 of 2023
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,
negligence or dereliction of duty is found
while performing the duties by the
authorities, departmental disciplinary
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W.P.No.22439 of 2023
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.
31.07.2023
Jeni
Index : Yes
Neutral Citation : Yes
Speaking order
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W.P.No.22439 of 2023
To
1.The District Registrar,
Chengalpattu District,
Chengalpattu – 603 001.
2.The Sub Registrar,
Cheyyur Sub Registrar Office,
Cheyyur – 603 302.
https://www.mhc.tn.gov.in/judis
W.P.No.22439 of 2023
S.M.SUBRAMANIAM, J.
Jeni
W.P.No.22439 of 2023
31.07.2023
https://www.mhc.tn.gov.in/judis
