Madras High Court
M.D.Thiyagu (A) Thiagarajan vs The Inspector General Of ... on 4 September, 2023
W.P.No.25835 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.09.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.25835 of 2023
1.M.D.Thiyagu (A) Thiagarajan
2.Kirubalakshmi ... Petitioners
Vs.
1.The Inspector General of Registration,
No.100, Santhome High Road,
Mullaima nagar, Manthavelapakkam,
Raja Annamalai Puram,
Chennai – 600 028.
2.The Sub-Registrar,
Salem Sub-Registrar's Office,
M622+Q7C, Mariappan Nagar,
Ammapet, Salem,
Tamil Nadu – 636 015.
3.Amutha
4.P.Kumaravel ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, to direct the first respondent to dispose the
appeal pending in Ref.No.15905/U3/2023 dated 19.04.2023 filed under
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W.P.No.25835 of 2023
Section 77-A(2) of the Registration Act, 1908 within the time stipulated by
this Court.
For Petitioner : Mr.R.Manickavel
For Respondents 1 & 2 : Mr.E.Sundaram,
Government Advocate
ORDER
The relief sought for in the present writ petition is to direct the first
respondent to dispose the appeal pending in Ref.No.15905/U3/2023 dated
19.04.2023 filed under Section 77-A(2) of the Registration Act, 1908.
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
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W.P.No.25835 of 2023
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,
negligence or dereliction of duty is found
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W.P.No.25835 of 2023
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 petitioners is also similar to
that of the cases (cited supra), the case of the petitioners is also to be
considered on the same line.
4. Accordingly, this Writ Petition stands disposed of. No costs.
04.09.2023
nl
Index : Yes
Speaking order
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W.P.No.25835 of 2023
To
1.The Inspector General of Registration,
No.100, Santhome High Road,
Mullaima nagar, Manthavelapakkam,
Raja Annamalai Puram,
Chennai – 600 028.
2.The Sub-Registrar,
Salem Sub-Registrar's Office,
M622+Q7C, Mariappan Nagar,
Ammapet, Salem,
Tamil Nadu – 636 015.
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W.P.No.25835 of 2023
S.M.SUBRAMANIAM, J.
nl
W.P.No.25835 of 2023
04.09.2023
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