The Inspector General Of Registration v. M.Murugesan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Review Appln.(Writ) No.78 of 2023 in W.P.No.26253 of 2022

1. The Inspector General of Registration, No.100, Santhome High Road, Chennai-28,

2. The District Registrar (Administration), Krishnagiri.

3. The Joint Sub-Registrar No.2, Krishnagiri. ...Petitioners Vs.

M.Murugesan .. Respondent Prayer: These Review Applications have been filed under Order 47 Rule 1 Read with Section 114 of Civil Procedure Code to review the final order dated 10.10.2022 passed in W.P.No.26253 of 2022 on the file of this Hon'ble Court.

For petitioners : Mr.Alagu Gowtham, Government Advocate.

For Respondent : Mr.V.Prakash, Senior Counsel for M/s.Dass & Viswa Associates

ORDER

The Review Application is filed to review the final order dated 10.10.2022 passed in W.P.No.26253 of 2022.

2. When the matter is taken up for hearing, learned Government Advocate appearing on behalf of the petitioners submits that this Court vide order dated 22.04.2022 in W.P.No.26253 of 2022 had quashed the impugned order of the 3rd respondent refusing to release the sale deed in favour of the respondent herein on the ground that there is no bar for releasing the sale deed in the absence of any restraint order. However, it is found that even prior to the passing of the order in W.P.No.26253 of 2022, restraint order has been passed by the National Commission for SC/ST which was not brought to the notice of this Court while passing orders in W.P.No.26253 of 2022. Hence, in order to recall the order passed by this Court, the present Review Application has been filed.

3. A perusal of the order passed by this Court reveals that the impugned order of the 3rd respondent has been quashed on the ground that there is no restraint order for releasing the sale deed in favour of the petitioner therein. However, in view of the submission made by the learned Government Advocate, there being an order of restraint, the order dated 10.10.2022 which was passed by this Court in W.P.No.26253 of 2022 is hereby recalled.

4. Accordingly, the Review Application is allowed with liberty to petitioners to challenge the restraint order that has been passed by the National Commission for SC/ST in the manner known to law. 20.06.2023 Index : Yes / No Internet : Yes / No NHS

M.DHANDAPANI, J.

NHS Review Appln.(Writ) No.78 of 2023 20.06.2023