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Madras High CourtWP/9832/2019disposed of

P.Chandran v. The Deputy Inspector General Of Registration

2019-04-03Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.04.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.9832 of 2019 and WMP.No.10421 of 2019 1.P.Chandran 2.C.Pushparani

...Petitioners

Vs.

1.The Deputy Inspector General of Registration Chennai Zone, Guindy, Chennai-32.

2.The District Registrar Chennai-South, Chennai-15.

3.The Sub Registrar, Selaiyur, Chennai-59.

4.S.V.Chandran

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent herein to dispose of the statutory appeal filed by the petitioners dated 25.01.2019 within a time frame as may be fixed by this Hon'ble Court and consequently, direct the 3rd respondent not to implement the order of the 2nd respondent in Proceedings No.13643/C2/2018 dated 03.01.2019 till the disposal of the appeal pending before the 1st respondent. For Petitioners : Mr.M.Kempraj For Respondents : Mr.P.P.Purushothaman Government Advocate for R1 to R3

O R D E R

Mr.P.P.Purushothaman, learned Government Advocate takes notice for the respondents 1 to 3. Since this writ petition is being disposed of without affecting the interest of the fourth respondent, notice to the said respondent is dispensed with.

2. The petitioners seek for a mandamus directing the 1st respondent herein to dispose of their statutory appeal dated 25.01.2019 and consequently, directing the 3rd respondent not to https://hcservices.ecourts.gov.in/hcservices/

implement the order of the 2nd respondent dated 03.01.2019 till the disposal of the appeal pending before the 1st respondent.

3. It is stated that these petitioners preferred an appeal before the 1st respondent challenging the order of the 2nd respondent in cancelling two sale deeds. It is further stated that the 4th respondent herein is the 2nd respondent in the above appeal. The grievance of the petitioners before this Court is that the 1st respondent has not disposed the said appeal.

4. Heard both sides.

5. This Court, at this stage, is not expressing any view on the merits of the appeal filed by the petitioners, as it is for the 1st respondent to consider and decide the same on merits and in accordance with law. Since the limited prayer sought for in this writ petition is for speedy disposal of the appeal pending before the 1st respondent, this writ petition is disposed of, only by directing the 1st respondent to consider the appeal filed by the petitioners 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 the 4th respondent and other interested parties, if any. Such exercise shall be done by the 1st respondent within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar mk To 1.The Deputy Inspector General of Registration Chennai Zone, Guindy,Chennai-32.

2.The District Registrar ,Chennai-South, Chennai-15. 3.The Sub Registrar,Selaiyur, Chennai-59.

+1 cc to Mr.M.Kempraj, Advocate, Sr.No. 31862 W.P.No.9832 of 2019 VGII(CO) CSL/07.05.2019 https://hcservices.ecourts.gov.in/hcservices/