Santhalakshmi vs The Inspector General Of ...
2023 Latest Caselaw 5990 Mad

                                                                           W.P(MD)No.13677 of 2023


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED : 12.06.2023

                                                    CORAM

                             THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

                                          W.P(MD)No.13677 of 2023

                Santhalakshmi                                                 ... Petitioner

                                                       Vs.

                1.The Inspector General of Registration,
                  No.100, Santhome High Road,
                  Chennai-600 028.

                2.The District Registrar (Administration),
                  Madurai South District Registrar Office,
                  171, Palace Road, Madurai South,
                  Madurai-625 001.

                3.The Joint Sub Registrar No.IV,
                  Office of the Sub Registrar,
                  Bypass Road, Palanganatham,
                  Madurai-625 003.                                            ... Respondents

                Prayer : Writ Petition filed under Article 226 of the Constitution of India,
                praying this Court to issue a Writ of Mandamus, directing the second and third
                respondents to consider the petitioner's representation dated 14.11.2022
                requesting them to conduct a detailed enquiry and to pass orders cancelling all
                the false and fraudulent documents as mentioned in the representation and to
                pass order within a time limit fixed by this Court.




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                                                                                  W.P(MD)No.13677 of 2023




                                      For Petitioner       :     Mr.T.K.Gopalan

                                      For Respondents :          Mr.M.Prakash
                                                                 Additional Government Pleader


                                                       ORDER

The petitioner had given representation dated 14.11.2022 to conduct

enquiry. This representation was submitted to the District

Registrar(Administration), Madurai South who is the second respondent

herein. On the basis of the representation, the second respondent had passed an

order on 06.01.2023 in N.Ka.No.9729/Aa2/2022. The said official had stated

that since C.C.No.230 of 2010 is now pending before the Judicial Magistrate

No.I, Madurai, depending on the outcome of the said calendar case, further

orders shall be passed. He had deferred the final findings to be given,

depending on the out come of the judgment to be delivered in the calendar case.

2. The learned counsel for the petitioner however, placed reliance on the

judgment and decree of the civil Court / I Additional Subordinate Court,

Madurai, in O.S.No.445 of 2011 dated 20.03.2017.

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

W.P(MD)No.13677 of 2023

3. At any rate, since an order had already been passed by the second

respondent, it would only be appropriate that a writ in the nature of

certiorarified mandamus is filed to set aside that particular order dated

06.01.2023. A mandamus cannot be issued to the same officer to revisit the

said order without setting it aside. To set it aside, a relief should be sought to

call for the records and to quash the said order.

4. In view of that particular fact, giving liberty to the petitioner to file

appropriate writ petition as certiorarified mandamus, relating to the order dated

06.01.2023 in Na.Ka.No.9729/Aa2/2022, passed by the second respondent.

This writ petition stands dismissed. No costs.

                                                                             12.06.2023
                NCC               : Yes/No
                Index             : Yes / No
                Internet          : Yes/ No

                pnn

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

W.P(MD)No.13677 of 2023

C.V.KARTHIKEYAN, J.

pnn

To

1.The Inspector General of Registration, No.100, Santhome High Road, Chennai-600 028.

2.The District Registrar (Administration), Madurai South District Registrar Office, 171, Palace Road, Madurai South, Madurai-625 001.

3.The Joint Sub Registrar No.IV, Office of the Sub Registrar, Bypass Road, Palanganatham, Madurai-625 003.

W.P(MD)No.13677 of 2023

12.06.2023

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