N.Ramesh v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.08.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM N.Ramesh ... Petitioner Vs.

1. The Inspector General Of Registration, Tamilnadu Registration Department, No.100 Santhome High Road, Chennai 600028.

2. The District Registrar, No.52, Orikkai Madura, Uahyamanhalam Village, Near Anna Hudiyiruppu, Kanchipuram. 631502.

3. The Joint-1 Sub Registrar, Kanchipuram, No.52, Orikkai Madura, Uahyamanhalam Village, Near Anna Hudiyiruppu, Kanchipuram. 631502.

4. Mr.T.R.Sankaran

5. C.Rangarajan

6. K.Ramamoorthy ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the 2nd and 3rd respondent to pass order on the representation of the petitioner dated 31.10.2022 submitted to the 2nd respondent and to conduct enquiry under the Tamilnadu Registration Act, 2021 and direct the 3rd respondent not to entertain the unapproved plots for registration by issuing notice to the petitioner as per the Original FMB with respect to the property situated at Konerikuppam Village, Kancheepuram Taluk comprised in Survey No. 247/1. For Petitioner : Mr.V.Sivalingam For Respondents 1 to 3 : Mr.T.Venkatesh Kumar Special Government Pleader

O R D E R

The relief sought for in the present writ petition is to direct the 2nd and 3rd respondent to pass order on the representation of the petitioner dated 31.10.2022, submitted to the 2nd respondent and to conduct enquiry under the Tamilnadu Registration Act, 2021 and direct the 3rd respondent not to entertain the unapproved plots for registration by issuing notice to the petitioner as per the Original FMB with respect to the property situated at Konerikuppam Village, Kancheepuram Taluk comprised in Survey No. 247/1.

2. The issues raised in the present writ petition were adjudicated by this Court in a batch of writ petitions in W.P.No.4192 of 2018 [A.Selvam vs. The Sub Registrar, Dadagapatti, Salem District] etc., and batch, and a judgment was delivered on 15.06.2023. In this regard, the Inspector General of Registration has issued a Letter No.19464/U1/2023 dated 10.06.2023 in Circular No.1 of 2023. The relevant paragraphs of the above said judgment are extracted hereunder:

"33. In view of the facts and circumstances, the following orders are passed:

(1)In respect of the complaints pending before the District Registrars concerned and the appeals pending before the respective Appellate Authorities, the Inspector General of Registration shall direct all the authorities to follow Circular No.1/2023 dated 10.06.2023 strictly for the purpose of disposal of the complaints and the appeals in a consistent manner;

(2)The Inspector General of Registration is directed to incorporate the further clarifications as stated in this order and issue a fresh Circular within a period of

two weeks from the date of receipt of a copy of this order;

(3)The respondents are directed to relegate the parties to approach Civil Court of Law, in the event of disputed facts regarding civil rights exist between the parties.

(4)In the event of violation of the guidelines issued by the Inspector General of Registration or the directions issued by this Court or any other lapses, negligence or dereliction of duty is found while performing the duties by the authorities, departmental disciplinary proceedings are to be initiated under the relevant Service Rules.

(5) The Inspector General of Registration is directed to conduct periodical Reviews as warranted under the Rules of Public Administration."

3. In view of the fact that the case of the petitioner is also similar to that of the cases (cited supra), the case of the petitioner is also to be considered on the same line.

4. Accordingly, this Writ Petition stands disposed of. No costs. 17.08.2023 Sha Index : Yes Speaking order To

1. The Inspector General Of Registration, Tamilnadu Registration Department, No.100 Santhome High Road, Chennai 600028.

2. The District Registrar, No.52, Orikkai Madura, Uahyamanhalam Village, Near Anna Hudiyiruppu, Kanchipuram. 631502.

3. The Joint-1 Sub Registrar, Kanchipuram, No.52, Orikkai Madura, Uahyamanhalam Village, Near Anna Hudiyiruppu, Kanchipuram. 631502.

S.M.SUBRAMANIAM, J.

Sha 17.08.2023