G.Dhanraj vs The Inspector General Of ...
2023 Latest Caselaw 12416 Mad

Citation : 2023 Latest Caselaw 12416 Mad
Judgement Date : 13 September, 2023

Madras High Court

G.Dhanraj vs The Inspector General Of ... on 13 September, 2023

                                                                                W.P.No.26905 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 13.09.2023

                                                        CORAM

                              THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                                  W.P.No.26905 of 2023
                                                          and
                                                 W.M.P.No.26406 of 2023


                     G.Dhanraj                                         ... Petitioner

                                                          Vs.

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

                     2.The District Registrar,
                       Krishnagiri,
                       Krishnagiri District.

                     3.The District Registrar,
                       Taluk Offices Building,
                       Dharmapuri Taluk and District.

                     4.The Tahsildar,
                       Dharmapuri Taluk,
                       Dharmapuri District.

                     5.The Sub-Registrar,
                       Krishnagiri Joint I,
                       Krishnagiri District.


                     Page 1 of 6

https://www.mhc.tn.gov.in/judis
                                                                                     W.P.No.26905 of 2023



                     6.The Sub-Registrar,
                       Dharmapuri (West),
                       Taluk Offices Building,
                       Dharmapuri District.

                     7.A.Rajagopal Achari

                     8.R.Sumathi

                     9.R.Dinesh Kumar

                     10.R.Ravichandran                                             ... Respondents

                     Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
                     to issue a Writ of Mandamus, directing the 2nd respondent to dispose of the
                     petitioner's complaint15.06.2023 under Section 77-A of the Registration
                     Act, 1908 within a time frame.


                                        For Petitioner          : Mr.Gowwtham Thelak.V.B

                                        For R1 to R6            : Mr.P.Sanjay Gandhi,
                                                                  Government Advocate


                                                           ORDER

The Writ Petition has been filed for directing the 2nd respondent to

dispose of the petitioner's complaint15.06.2023 under Section 77-A of the

Registration Act, 1908.

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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 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

https://www.mhc.tn.gov.in/judis W.P.No.26905 of 2023

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 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.

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4. Accordingly, this Writ Petition stands disposed of. No costs.

13.09.2023 skr Index : Yes Speaking order

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

2.The District Registrar, Krishnagiri, Krishnagiri District.

3.The District Registrar, Taluk Offices Building, Dharmapuri Taluk and District.

4.The Tahsildar, Dharmapuri Taluk, Dharmapuri District.