P.Vijaya v. The Inspector General Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07-06-2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM And MP Nos.1 and 2 of 2015 P.Vijaya ... Petitioner Vs.

1.The Inspector General of Registration, 20, Santhome High Road, Chennai-28.

2.The District Registrar, Chengleput, Kancheepuram District.

3.The Joint Sub Registrar II, Chengleput SRO Office, Chengleput, Kancheepuram District.

4.M.Venkatesan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records relating to the

impugned Circular No.67 dated 03.11.2011 in C.No.52338/C1/2011 on the file of the first respondent and the consequential order Na.Ka. No.4523/A3/2015 dated 23.11.2015 passed by the second respondent and quash the same.

For Petitioner : Mr.N.Manokaran For Respondents-1 to 3 : Mr.D.Ravichander, Special Government Pleader.

For Respondent-4 : Mr.A.S.Balaji

O R D E R

The present writ petition has been instituted to quash the Circular No.67 issued by the first respondent in proceedings dated 03.11.2011 and the consequential order passed by the second respondent in proceedings dated 23.11.2015.

2. The impugned Circular No.67 dated 03.11.2011 has been admittedly withdrawn by the Government and subsequently, a circular was issued by the Inspector General of Registration in letter No.41530/U1/2017 dated 09.04.2018 and paragraph-4 of the said Circular reads as under:-

"4. Now it has come to my knowledge that certain documents have been annulled by the District Registrars vide Circular first cited and the same have been entered in the Index-II by the Registering Officers. Now it is informed that since the said Circular 67/2011 dated 03.11.2011 has been withdrawn, any orders passed by the District Registrar (Administration) by invoking the said Circular are also deemed to be withdrawn. Hence, all the District Registrars who have passed orders annulling the documents in question are hereby directed to do the following:- (a) Annulment orders passed by the District Registrar (Administration) are to be rescinded by way of proceedings to be issued by the District Registrar concerned.

(b) District Registrar shall communicate the rescinding orders / proceedings to the Registering Officer concerned so as to make necessary entries in Index-II without any loss of time.

(c) The entry in Index II shall be made as "The annulment of registration made as per the proceedings of the District Registrar (Proceeding

No. to be noted) is rescinded as per the proceedings of the District Registrar (Proceeding No. to be noted)".

(d) The District Registrar should send the detailed action taken report to the Inspector General of Registration by duly consolidating the further action taken by the Registering Officers concerned in this regard on or before 30.04.2018."

3. In view of the Circular, cited supra, no further adjudication needs to be undertaken as the consequential proceedings are also deemed to be withdrawn.

4. Accordingly, the present writ petition stands disposed of. However, there shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.

07-06-2023 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order

Svn To 1.The Inspector General of Registration, 20, Santhome High Road, Chennai-28.

2.The District Registrar, Chengleput, Kancheepuram District.

3.The Joint Sub Registrar II, Chengleput SRO Office, Chengleput, Kancheepuram District.

S.M.SUBRAMANIAM, J.

Svn WP 38866 of 2015 07-06-2023