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Madras High CourtWP/15801/2016disposed of

T.Vaigunthan v. The District Registrar

2022-08-16Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.08.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI P.Vaikunthan . . Petitioner Vs.

1. The District Collector, [Administration] Vellore District.

Vellore.

2. The Sub Registrar, Jolarpettai, Vellore District.

3. K.Navin Karunakaran . . . Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorari calling for the proceedings of the 1st Respondent made in Na.Ka.No.3704 /A1/2012 dated 31.08.2012 and quash the same. For Petitioner : M/s.G.Jeremiah For Respondents : Mr.Yogesh Kanndasan, Special Government Pleader.

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ORDER

The present petition has been filed seeking to quash the impugned proceedings dated 31.08.2012 passed by the 1st Respondent.

2. When the matter is taken up for hearing, learned counsel for the petitioner submits that the order impugned in this Writ Petition has been passed, based on the Circular No.67 dated 03.11.2011, however, the said circular, which was issued by the Office of the Inspector of General of Registration was withdrawn on 20.10.2017. Hence, the order impugned in this Writ Petition is not sustainable and the same is liable to be quashed.

3. On a perusal of the order impugned in this Writ Petition and in view of the aforesaid submission, it is evident that the order impugned has come to be passed on the basis of the Circular No.67 dated 03.11.2011, which is not in force as on date, as the said Circular itself was withdrawn on 20.10.2017. Therefore, the order impugned in this Writ Petition cannot be 2/5

sustained and the same stands automatically closed. However, liberty is granted to the petitioner as well as the private respondent/3rd Respondent to work out their remedy in the manner known to law.

4. Accordingly, this Writ Petition is disposed of with the aforesaid liberty. No Costs.

16.08.2022 NHS Index : Yes / No Internet : Yes / No To

1. The District Collector, [Administration] Vellore District.

Vellore.

2. The Sub Registrar, Jolarpettai, Vellore District.

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M.DHANDAPANI, J.

NHS 4/5

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