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Madras High CourtWP/34676/2012allowed

Concorde Housing Corporation v. The District Registrar (Audit)

2019-12-13Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.No.34676 of 2012 and M.P.Nos.1 of 2012 & 1 of 2013 Concorde Housing Corporation Pvt.Ltd., Rep.by its Director Mr.R.G.Sunil, No.46/A, 1st Main 3rd Phase, J.P.Nagar, Bangalore -560 078. ...

Petitioner Vs.

1.The District Registrar (Audit) Krishnagiri District, Krishnagiri.

2.The Sub-Registrar, Hosur - 635 109 Krishnagiri District, Krishnagiri.

...

Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India for writ of Certiorari or any other appropriate Writ, order or direction, in the nature of a writ calling for the records relating to the notice issued by the 2nd respondent dated 20.12.2011 and quash the same. For Petitioner : M.A.Lakshmipathy For Respondent : Mr.P.Purushothaman Nos.1 & 2 Government Advocate

ORDER

The writ petition has been filed by the petitioner for writ of Certiorari or any other appropriate Writ, order or direction, in the nature of a writ calling for the records relating to the notice issued by the 2nd respondent dated 20.12.2011 and quash the same.

2.The learned Government Advocate for the respondents brought to the notice of this Court a letter No.44082/P1/2015 dated 17.05.2016 from the Inspector General of Registration, to All the Deputy Inspector Generals of Registration / All District Registrars/All Sub Registrars intimating that IGR circular No.30196/P1/2011-1 dated 13.09.2011 has been withdrawn pursuant to the judgment passed by this Court dated https://hcservices.ecourts.gov.in/hcservices/

04.12.2014 in W.P.Nos.13355 of 2012 & 31274/2014, which was confirmed by the Division Bench of this Court on 23.09.2015 in W.A.Nos.303, 304 and 474 of 2015.

3.The impugned notice has been made by the respondents only based on the IGR circular No.30196/P1/2011 - 1 dated 13.09.2011 referred to above. Since IGR circular referred to above has been withdrawn, consequently, the impugned document also will have to go. Accordingly, the impugned notice dated 20.12.2011 issued by the second respondent against the petitioner is hereby quashed and the writ petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar sms To 1.The District Registrar (Audit) Krishnagiri District, Krishnagiri.

2.The Sub-Registrar, Hosur - 635 109 Krishnagiri District, Krishnagiri.

+1cc to Mr.S.Gopinathan , Advocate SR.No. 103996 +1 cc to Spl Government Pleader Sr.No. 104500 W.P.No.34676 of 2012 and M.P.Nos.1 of 2012 & 1 of 2013 A.SK(30/01/2020) https://hcservices.ecourts.gov.in/hcservices/