R.Hariprasad v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.02.2024
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN R.Hariprasad S/o.Ramanujam ... Petitioner in W.P.No.3665 of 2024 S.Berlin Suhiji W/o.E.Kirubalani ... Petitioner in W.P.No.3666 of 2024 versus 1.The State of Tamil Nadu Rep. by its Secretary Government, Commercial Taxes and Registration Department, Fort St.George Chennai-600 009.
2.The Inspector General of Registration Office of the Inspector General of Registration No.100, Santhome High Road Chennai-600 004.
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3.The Deputy Inspector General of Registration Chennai Zone, Integrated Commercial Taxes and Registration Department Complex, Veterinary Hospital road Nandanam, Chennai-600 035.
4.The District Registrar (AIGR Cadre) Chennai Central Bharathi Salai Chennai-600 014.
5.The Sub-Registrar Office of the Sub-Registrar Villivakkam, Chennai-600 049.
... Respondents in both WPs Writ Petition No.3665 of 2024 filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the 3 rd respondent to pass orders on the appeal dated 07.09.2022 and consequently, refund the stamp duty and registration charges for the cancelled sale deed in Doc.No.2932/2021 at Sub Registrar Office, Villivakkam and also to initiate appropriate criminal action against the erring officials and award compensation to the petitioner for the loss incurred. Page No.2/7
Writ Petition No.3666 of 2024 filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the 3 rd respondent to pass orders on the appeal dated 07.09.2022 and consequently, refund the stamp duty and registration charges for the cancelled sale deed in Doc.No.2626/2021 at Sub Registrar Office, Villivakkam and also to initiate appropriate criminal action against the erring officials and award compensation to the petitioner for the loss incurred. For Petitioner in WP.No.3665 of 2024 : Mr.M.Sedhumadhavan For Petitioner in WP.No.3666 of 2024 : Mr.K.S.Ashraf Ali For Respondents in both WPs :
Mr.B.Vijay Additional Government Pleader C O M M O N O R D E R Mr.B.Vijay, learned Additional Government Pleader accepts notice for the respondents. With the consent of both parties, the main writ petitions are taken up for final disposal at the admission stage itself. Page No.3/7
2. Both these writ petitions have been filed by the petitioners seeking for issuance of a writ of mandamus directing the third respondent to pass orders on the appeals dated 07.09.2022, wherein and whereby, the petitioners have sought to refund the stamp duty and registration charges for the cancelled sale deed vide Document Nos.2392 of 2021 and 2626 of 2021 on the file of the Sub-Registrar Office, Villivakkam and also to initiate criminal action against the erring officials and award compensation to the petitioners for the loss incurred.
3. The main grievance of the petitioners in both the writ petitions is that even though the petitioners have filed appeals before the third respondent on 07.09.2022, the third respondent has not passed any final order so far.
4. Since the respondents are not in a position to state that appeals dated 07.09.2022 are either pending or already disposed of, this Court is Page No.4/7
inclined to issue a direction to the third respondent to dispose of appeals dated 07.09.2022 within a time frame.
5. Therefore, without expressing any view on the merits of appeals, these Writ Petitions are disposed of with a direction to the third respondent to dispose of appeals dated 07.09.2022, if the same has not been already disposed of and pass orders on the same on merits and in accordance with law, after giving due opportunity of hearing to the petitioners as well as interested parties / rival claimants, if any, within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs.
16.02.2024 Index: Yes/No Speaking Order : Yes/No ms Page No.5/7
To 1.The Secretary, State of Tamil Nadu, Government, Commercial Taxes and Registration Department, Fort St.George,Chennai-600 009.
2.The Inspector General of Registration Office of the Inspector General of Registration No.100, Santhome High Road,Chennai-600 004.
3.The Deputy Inspector General of Registration Chennai Zone, Integrated Commercial Taxes and Registration Department Complex, Veterinary Hospital road Nandanam, Chennai-600 035.
4.The District Registrar (AIGR Cadre) Chennai Central Bharathi Salai Chennai-600 014.
5.The Sub-Registrar Office of the Sub-Registrar Villivakkam, Chennai-600 049.
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P.VELMURUGAN, J.
ms 16.02.2024 Page No.7/7