P.Ravichandran v. The Deputy Inspector General

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.6081 of 2019 and W.M.P.No.6907 of 2019 P.Ravichandran

...Petitioner

Vs.

1. The Deputy Inspector General, Registration Department, Guindy, Chennai - 32.

2. The District Registrar, Kancheepuram, Kancheepuram District.

3. The Sub Registrar, Joint II, Kancheepuram, Kancheepuram District.

4. Thiru.J.Govindarajulu ...Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 1st respondent herein to dispose of the Appeal of the petitioner in Appeal No.202/2019, dated 22.01.2019, pending on the file of the 1st respondent herein within a time frame as may be stipulated by this Hon'ble Court and consequently direct the 3rd respondent not to implement the order of the 2nd respondent dated 24.12.2018 till the disposal of the appeal pending before the 1st respondent.

For Petitioner : Mr.M.Kempraj For Respondents : Mr.M.Thamizharasan Government Advocate for R1 to R3

O R D E R

Mr.M.Thamizharasan, learned Government Advocate takes notice for the respondents 1 to 3. Since this writ petition is being disposed of without affecting the interest of the fourth respondent, notice to the said respondent is dispensed with.

2. The petitioner seeks for a mandamus directing the first respondent to dispose of the Appeal filed by him on 22.01.2019, challenging the order of the second respondent in cancelling the two Sale Deeds Registered as Document Nos.653/2003 and 2310/2003.

3. The grievance of the petitioner is that the first respondent has not disposed the said appeal so far.

4. Considering the fact that the very appeal itself was filed on 22.01.2019, it is for the first respondent to hear the appeal and pass orders on the same on merits and in accordance with law, after hearing the petitioner as well as fourth respondent and other interested parties if any.

5. It is contended by the learned counsel for the petitioner that an interim application is also pending before the first respondent.

6. Needless to say that it is for the first respondent to consider the appeal as well as the interim application, if filed any and pass orders on the same on merits and in accordance with law after hearing both the parties within a period of twelve weeks from the date of receipt of a copy of this order, as this Court is not expressing any view on the merits of the claim made by the petitioner.

No costs.

Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar sni/mk To

1. The Deputy Inspector General, Registration Department, Guindy, Chennai - 32.

2. The District Registrar, Kancheepuram, Kancheepuram District.

3. The Sub Registrar, Joint II, Kancheepuram, Kancheepuram District.

+1cc to Government Pleader sr.no.21525 +1cc to Mr.M.Kempraj, Advocate sr.no.20853 W.P.No.6081 of 2019 nr 29/03/2019