P.Chandira v. The Inspector General Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 30.10.2017

CORAM

THE HON'BLE Mr.JUSTICE A.SELVAM and THE HON'BLE Mr.JUSTICE P.KALAIYARASAN W.P.No.7034 of 2014 and M.P.No.2 of 2014 and M.P.No.1 of 2015 1.P.Chandra 2.V.Visalakshi 3.K.P.Sakthivel 4.R.Palanisamy 5.K.Natarajan 6.K.Sampath Kumar .. Petitioners Vs

1. The Inspector General of Registration 20, Santhome High Road, Chennai-28

2. The District Registrar (Admn) Assistant Inspector General of Registration Tiruppur, Tiruppur District 3.The Sub-Registrar Tiruppur, Tiruppur District 4.The Superintendent of Police Anti Land Grabbing Special Wing District Crime Branch Tiruppur, Tiruppur District 5.R.Jayaraj .. Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue Writ of Certiorari calling for the records relating to the impugned Circular No.67 dated 03.11.2011 in C.No.52338/C1/2011 on the file of the 1st respondent and the consequential order made in Na.Ka.No. 5288/A1/2013 dated 10.02.2014 on the file of the 2nd respondent and quash the same, insofar as the petitioners are concerned.

For Petitioners : Mr.N.Manokaran For Respondents : Mr.R.Vijayakumar, AGP for R1 to R4 No appearance for R5

O R D E R

[Order of the Court was made by A.SELVAM, J.] This Writ Petition has been filed under Article 226 of the Constitution of India praying to call for records relating to the Circular No.67 dated 03.11.2011 issued by the first respondent and also the consequential order dated 10.02.2014 passed by the second respondent in Na.Ka.No. 5288/A1/2013 by way of issuing Writ of Certiorari and quash the same. 2.The learned counsel appearing for the petitioners has contended to the effect that by virtue of Circular No.67 dated 03.11.2011, the second respondent has passed the consequential order dated 10.02.2014 and only because of the stay granted by this Court, act of cancellation has been deferred. Under the said circumstances, the consequential order is liable to be quashed and further, prosecution has been initiated independently.

3.The learned Additional Government Pleader has submitted the Circular dated 20.10.2017, issued by the Government of Tamil Nadu, wherein, it is clearly stated that Circular No.67 dated 03.11.2011 has already been withdrawn.

4.Since Circular No.67 dated 03.11.2011 has already been withdrawn, the subsequent order passed by the second respondent, in pursuance of the said circular also goes out and further, from the representation made on the side of the petitioners, the Court has easily discern that independently, a criminal proceeding has been initiated. Under the said circumstances, with regard to consequential relief, the Writ Petition is allowed in part.

In fine, the Writ Petition is allowed in part. The consequential order dated 10.02.2014 passed by the second respondent is quashed. No costs. Connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar gya

To 1.The Inspector General of Registration 20, Santhome High Road Chennai-28 2.The District Registrar (Admn) Assistant Inspector General of Registration Tiruppur Tiruppur District 3.The Sub-Registrar Tiruppur Tiruppur District 4.The Superintendent of Police Anti Land Grabbing Special Wing District Crime Branch Tiruppur Tiruppur District +1cc to Mr.Manokaran, Advocate, S.R.No.76058 +1cc to the Government Pleader, S.R.No.77210 W.P.No.7034 of 2014 and M.P.No.2 of 2014 & 1 of 2015 MG(CO) GN(17/11/2017)