C.Velmurugan vs The Inspector General Of ...
2023 Latest Caselaw 12496 Mad

Citation : 2023 Latest Caselaw 12496 Mad
Judgement Date : 14 September, 2023

Madras High Court

C.Velmurugan vs The Inspector General Of ... on 14 September, 2023

                                                                        W.P.No.27085 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 14.09.2023

                                                       CORAM

                              THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                               W.P.No.27085 of 2023


                     C.Velmurugan                                     ... Petitioner

                                                          Vs.

                     1.The Inspector General of Registration,
                       100, Santhome High Road,
                       Chennai – 600 028.

                     2.The Deputy Inspector General,
                       Department of Registration,
                       No.50, Sankara Naidu Street,
                       Thirupapuliyur,
                       Cuddalore – 607 002.

                     3.The District Registrar (Administration),
                       Office of the District Registrar,
                       Kallakurichi.

                     4.The Joint Sub-Registrar-II,
                       Integrated Registrar's Office Campus,
                       Katcheri Road,
                       Kallakurichi District – 606 202.

                     5.Gautam Siva                                    ... Respondents




                     Page 1 of 6

https://www.mhc.tn.gov.in/judis
                                                                                     W.P.No.27085 of 2023




                     Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
                     to issue a Writ of Mandamus, directing the 1st respondent to consider the
                     Statutory Appeal u/s 77-B, the Registration Act, 1908 filed by the petitioner
                     dated 15.07.2023 and pass final orders in accordance with order dated
                     25.07.2023 in W.P.No.19239 of 2023.


                                        For Petitioner          : Mr.Sanjay N Gandhi

                                        For R1 to R4            : Mr.G.Krishna Raja,
                                                                  Additional Government Pleader


                                                           ORDER

The Writ Petition has been filed for directing the 1st respondent to

consider the Statutory Appeal u/s 77-B, the Registration Act, 1908 filed by

the petitioner dated 15.07.2023 and pass final orders in accordance with

order dated 25.07.2023 in W.P.No.19239 of 2023.

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

https://www.mhc.tn.gov.in/judis W.P.No.27085 of 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 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.

https://www.mhc.tn.gov.in/judis W.P.No.27085 of 2023

(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.

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

14.09.2023 skr Index : Yes Speaking order

https://www.mhc.tn.gov.in/judis W.P.No.27085 of 2023

1.The Inspector General of Registration, 100, Santhome High Road, Chennai – 600 028.

2.The Deputy Inspector General, Department of Registration, No.50, Sankara Naidu Street, Thirupapuliyur, Cuddalore – 607 002.

3.The District Registrar (Administration), Office of the District Registrar, Kallakurichi.

4.The Joint Sub-Registrar-II, Integrated Registrar's Office Campus, Katcheri Road, Kallakurichi District – 606 202.