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Madras High CourtWP/2077/2024disposed of

Sukanthi Nainar Pandian v. The Deputy Inspector General Of Registration

2024-02-01Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and W.M.P.No.2230 of 2024 Sukanthi Nainar Pandian ... Petitioner versus The Deputy Inspector General of Registration, Chennai Zone, Chennai - 600 032, No.26 FJ + GV8, Integrated building for offices of the Commercial Taxes and Registration Department, Fanepet, Nandanam, Chennai - 35.

.....Respondent Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 13.05.2023 and to dispose of Appeal No.4186 of 2019 in a time bound manner.

For Petitioner :

Mr.A.M.Venkatakrishnan For Respondent :

Mrs.V.Yamunadevi Special Government Pleader Pg.Nos.1/5

O R D E R

Mrs.V.Yamunadevi, learned Special Government Pleader accepts notice for respondents. With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. The petitioner has given a representation to the respondent on 13.05.2023, in and by which, she sought to dispose of the appeal in Appeal No.4186 of 2019 as against the order dated 14.06.2019 in Proceedings No.17818/2018 passed by the District Registrar, Chennai South Zone.

3. The learned Special Government Pleader appearing for the respondent submitted that since the allegations are with regard to forgery and disputation of the signature in the document, the petitioner has not produced the original admitted documents and disputed signature and hence, they are not able to conclude the appeal. Pg.Nos.2/5

4. Having regard to the submissions made by the learned counsel on either side, this Court is of the opinion that the petitioner has got an alternative remedy before the Civil Court and Criminal Court regarding questioning of the documents. However, the appeal is pending from the year 2019. To be noted, the respondent shall not keep the appeal pending for such a long time.

5. Therefore, this Court without expressing any opinion with regard to the merits of the case, directs the respondent to consider the representation of the petitioner dated 13.05.2023 and dispose of the appeal on merits and in accordance with law, after giving due opportunity of hearing to the petitioner as well as rival claimants/interested parties, if any, within a period of two months from the date of receipt of a copy of this order. The petitioner is also directed to produce all the documents, which are required for disposal of the appeal and to co-operate with the respondent for early disposal of the appeal. It is made clear that if the petitioner failed to produce the documents, the respondent is directed to dispose of the Pg.Nos.3/5

appeal with the available documents.

6. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently connected miscellaneous petition is closed.

01.02.2024 Index: Yes/No Speaking Order : Yes/No ms To The Deputy Inspector General of Registration, Chennai Zone, Chennai - 600 032, No.26 FJ + GV8, Integrated building for offices of the Commercial Taxes and Registration Department, Fanepet, Nandanam, Chennai - 35.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 01.02.2024 Pg.Nos.5/5