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Madras High CourtWP/6602/2021disposed of

K.Saroja v. Deputy Inspector General Of Registration

2021-04-19Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.04.2021

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN W.P.No. 6602 of 2021 and W.M.P. No.7165 of 2021

1. K.Saroja, W/o. Kumaran

2. K.Pattabhiraman, S/o. Late Thiru Kalyanaraman

...Petitioners

Versus

1. Deputy Inspector General of Registration, combined Commercial Tax and Registration Department Complex Vertinary Hospital Road, Pernpet, Nandanam, Chennai-35.

2. District Registrar, South Chennai District Registrar, (In the rank of Assistant Inspector General of Registration), SIDCO Industrial Estate, Electronic Complex, 3rd Block, 3rd Floor, Guindy, Chennai-32.

3. Sub-Registrar, O/o. The Sub-Registrar, 2/92, SH 49, Kazura Garden, Neelankarai, Chennai-600 041.

4. K.Saroja, W/o. Kumaran ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records in Na.Ka.No.5981/E2/2020 dated 09.11.2020 on the file of the 2nd respondent and quash the same and further to direct the 3rd respondent to not to register any document in S.No.75/1 to an

extent of 82 cents and in S.No.72 to an extent of 24 cents of land in Injambakkam village based on the appeal dated 28.01.2021. For Petitioners : Mr.S.V.Udayakumar For Respondents : Mr.T.M.Pappiah, Special Government Pleader for R1 to R3

O R D E R

(The case has been heard through video conference) Challenging the order passed by the 2nd respondent District Registrar, Sought Chennai, Chennai, the petitioners have filed the present Writ Petition.

2. Today, when the matter came up for hearing, the learned counsel appearing for petitioners would submit that challenging the very same order, they have filed an appeal before the 1st respondent on 28.01.2021 and the same is still pending, so far, it was not disposed of.

3. Considering the fact that the order impugned in this Writ Petition is an appealable order, the petitioners have also filed an appeal before the 1st respondent, and the same is pending. Therefore, considering the fact that the appeal is pending before the 1st respondent, this Court directs the 1st respondent to consider the appeal filed by the petitioners and to pass suitable orders on merits in accordance with law after giving opportunity to the petitioners as well as 4th respondent within a period of twelve weeks from the date of receipt of copy of this order. Accordingly, this Writ Petition stands disposed of. No costs. Consequently, the connected Writ Miscellaneous Petition is also closed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar rpp To

1. The Deputy Inspector General of Registration, combined Commercial Tax and Registration Department Complex Vertinary Hospital Road, Pernpet, Nandanam, Chennai-35.

2. The District Registrar, South Chennai District Registrar, (In the rank of Assistant Inspector General of Registration), SIDCO Industrial Estate, Electronic Complex, 3rd Block, 3rd Floor, Guindy, Chennai-32.

3. The Sub-Registrar, O/o. The Sub-Registrar, 2/92, SH 49, Kazura Garden, Neelankarai, Chennai-600 041.

+1 CC to Mr.S.V. Udaya Kumar, Advocate sr 23917 W.P.No. 6602 of 2021 and W.M.P. No. 7165 of 2021 GPL(CO) SP(19/05/2021)