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Madras High CourtWP/2755/2024disposed of

V.Rajaram v. The Inspector General Of Registration

2024-02-08Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN V.Rajaram ... Petitioner Vs.

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

2. C.Raju @ Arumugam

3. P.Sanjeev Kumar

4. P.Akila ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to dispose the appeal No.8669/U3/2023 dated 13.03.2023 within a stipulated time that may be specified by this Honourable court.

For Petitioner : Mr.M.Venkadesh Kumar For R1 : Mr.B.Vijay Additional Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the first respondent to dispose the Appeal No.8669/U3/2023 dated 13.03.2023

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the official respondents.

3. Since no adverse order is passing against the private respondents, notice to the private respondents/R2 to R4 is dispensed with.

4. Subsequent to the order of this Court, there is an amendment in the Registration Act and Sections 77-A and 77-B have been inserted. Subsequently, there is a divergent view regarding the maintainability/applicability and as to whether the Section was to be applied retrospectively or prospectively. Now, a Larger Bench has been constituted to answer the divergent view of the learned Single Judges of this Court. Hence, this Court has stayed the proceedings under Section 77-A of the Act and referred the matter to the Larger Bench of this Court. Since the subject matter has been seized of by the Larger Bench of this Court, this Court cannot pass any order on merits. The petitioner has got an alternative remedy and either he can workout his remedy before the Civil Court, or he shall wait till the outcome of the decision of the Larger Bench of this Court, if he is so advised.

5. With the abovesaid direction, the Writ Petition is disposed of. There shall be no order as to costs.

08.02.2024 mfa Index:Yes/No Speaking Order: Yes/No

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

P.VELMURUGAN, J.

mfa 08.02.2024