G.Nirmala v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH G. Nirmala ... Petitioner Vs.

1.The Inspector General of Registration, 100, Santhome High Road, Chennai - 28.

2.The Deputy Collector (Stamps), Office of the District Collector, Cuddalore District.

3.The Sub Registrar, Thittakudi, Cuddalore District.

... Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3rd respondent to dispose of the representation dated 19.05.2022 on the file of the SubCollector (Stamps), Cuddalore District, in accordance with law. For Petitioner : Mr.A. Lakshmi Narasimhan For Respondents : Mr.Yogesh Kannadasan, Special Government Pleader 1/4

ORDER

Mr.Yogesh Kannadasan, learned Special Government Pleader, takes notice for the respondents. With the consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

2. The petitioner herein had given a representation to the second respondent on 19.05.2022. Since the said representation was not considered, the present Writ Petition has been filed.

3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

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4. In the light of the above observations, there shall be a direction to the third respondent herein, to consider the petitioner's representation dated 19.05.2022, on its own merits and pass appropriate orders in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the respondents to consider the same on its own merits.

5. With the above direction, the Writ Petition stands ordered. No costs.

14.03.2023 Speaking/Non-speaking Order Internet: Yes/No Index: Yes/No Sni 3/4

M.S.RAMESH, J.

Sni To 1.The Inspector General of Registration, 100, Santhome High Road, Chennai - 28.

2.The Deputy Collector (Stamps), Office of the District Collector, Cuddalore District.

3.The Sub Registrar, Thittakudi, Cuddalore District.

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