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Madras High CourtWP/5824/2024allowed with costs

T.Rajendran v. The Inspector General Of Registration

2024-03-07Honourable Mr Justice P. Velmurugan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN T.Rajendran ... Petitioner versus 1.The Inspector General of Registration, Registration Department Office, Pattinampakkam, No.100, Santhome High Road, Chennai - 600 028.

2.The District Registrar (Administration), District Registrar (Administration) Office, Chennai South, Integrated Building for Offices of the Commercial Taxes and Registration Department Fanepet, Nandanam, Chennai - 600 035.

3.The Sub Registrar, Sub Registrar Office, No.2/92, SH 49, Kazura Garden, Neelankarai, Chennai - 600 041.

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4. T. Sivasankaran

5. S.Puspalatha .....Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the second respondent to consider the final report vide Na.Ka.No.9537/E2/2021 dated 07.07.2023 and the order was passed on 09.08.2023 and kindly cancel the settlement deed in item/ schedule No.2, in Doc No.9201 of 2018 and remit the petitioners title deed in property situated at Chennai District in Sholinganallur Taluk, Karappakkam Village, in Old Survey No.99/1, New Survey No.194/11 of the petitioner's property still the petitioner enjoying the same without any encumber of land measuring about 3.5 cents and do the needful. For Petitioners :

Mr.J.Arul Prakasam For Respondents :

Mr.R.Neethiperumal Government Advocate for R1 to R3

O R D E R

Mr.R.Neethiperumal, learned Government Advocate accepts notice for respondents 1 to 3. Since this writ petition is being disposed of without Page Nos.2/7

passing any adverse orders against respondents 4 and 5, affecting their interest, notice to those respondents is dispensed with.

2. This writ petition has been filed seeking for issuance of a writ of mandamus, directing the second respondent to consider the final report, vide Na.Ka.No.9537/E2/2021 dated 07.07.2023 and the order was passed on 09.08.2023 and consequently cancel the settlement deed in item/schedule No.2, in Doc No.9201 of 2018 and remit the petitioner's title deed in respect of the property situated at Chennai District in Sholinganallur Taluk, Karappakkam Village, in Old Survey No.99/1, New Survey No.194/11, measuring an extent of 3.5 cents.

3. The learned counsel for the petitioner submitted that, earlier the petitioner gave a representation dated 04.08.2021 to the second respondent for the very same relief as sought for in the present writ petition. Since there was no response from the second respondent, the petitioner filed a writ petition in W.P.No.20495 of 2021 and this Court, by order dated 04.02.2022, Page Nos.3/7

gave directions to the second respondent to dispose of the representation within a a period of twelve weeks. However, as the second respondent has not complied with the order of this Court, the petitioner filed a contempt petition in Con.P.No.1433 of 2023. During the pendency of the Contempt Petition, the second respondent passed final order, by rejecting the claim of the petitioner. Aggrieved by the order passed by the second respondent, the petitioner filed an appeal before the first respondent on 18.08.2023, but till date, the first respondent has not passed any final order, hence, the petitioner once again has come forward with the present writ petition.

4. It is strange to state that, if a common man wants to redress his grievance, in every stage, public authorities are forcing them to approach this Court by invoking Article 226 of Constitution of India. The present case is one good example for the same. However, in view of the fact that the second respondent has already passed orders on the representation of the petitioner and an appeal has also been filed before the first respondent, this Page Nos.4/7

Court without going into the merits of the case, directs the first respondent to issue notice to the petitioner and respondents 4 and 5 herein as well as any other parties, who have been impleaded in the said appeal/objectors/interested parties/aggrieved parties, conduct enquiry into the matter and dispose of the appeal on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

5. With the above directions, the writ petition is allowed, with costs of Rs.25,000/- (Rupees twenty five thousand only) which shall be paid by the first respondent to the Siddha Clinic attached to this Court. It is made clear that the first respondent is directed to pay the said costs from his/her salary. 07.03.2024 Index: Yes/No Speaking Order : Yes/No ms Page Nos.5/7

To 1.The Inspector General of Registration, Registration Department Office, Pattinampakkam, No.100, Santhome High Road, Chennai - 600 028.

2.The District Registrar (Administration), District Registrar (Administration) Office, Chennai South, Integrated Building for Offices of the Commercial Taxes and Registration Department Fanepet, Nandanam, Chennai - 600 035.

3.The Sub Registrar, Sub Registrar Office, No.2/92, SH 49, Kazura Garden, Neelankarai, Chennai - 600 041.

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P.VELMURUGAN, J.

ms W.P.No.5824 of 2024 07.03.2024 Page Nos.7/7