V.Balasubramaniam v. The Inspector General Of Registrations

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.Nos.12244 & 12245 of 2023 1.Mr.V.Balasubramaniam 2.Mrs.B.Girija W/o.Dr.V.Balasubramaniam

...Petitioners

Vs.

1.The Inspector General of Registrations Santhome High Road, Mylapore, Chennai - 600 028.

2.The District Registrar (Administration) South Chennai, District Registrar Office, TANTA Nagar, Saidapet, Chennai - 600 015.

3.Mr.Rama.R. Raj 4.K.Rani 5.A.Satish Kumar 6.Yegammal Veerappan ..Respondents 1/5

Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the entire records in the Proceedings in Petition No.14594/E2/2018 dated 12.02.2019 and quash the petition. For Petitioners : M/s.V.Mahathi Chari For R1 & R2 : Mr.S.Ravichandran Additional Government Pleader

ORDER

The enquiry call notice dated 12.02.2019 is under challenge in the present writ petition.

2. The learned counsel for the petitioners state that the petitioners attended the enquiry on 26.02.2019. However, the contesting respondents had not appeared before the enquiry.

3. The fact remains that the enquiry was held on 26.02.2019 and therefore, the said notice lost its relevance now after a lapse of 4 years. The notice dated 12.02.2019 cannot be a cause for the petitioners to file the present writ petition.

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4. That apart, no writ against a notice is entertainable in a routine manner. Writ against the notice can be entertained only if it is issued by an incompetent authority having no jurisdiction or with an malafide intention. However, in the present case, the enquiry call notice was issued in the year 2019 and the enquiry was also conducted in the year 2019.

5. That being the factum, the cause did not exists as of now and became vanished. Thus, no further adjudication is required. The petitioners are at liberty to approach the competent authority for redressal of their grievances.

6. With this liberty, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 24.04.2023 Index : Yes Speaking order kak 3/5

To 1.The Inspector General of Registrations Santhome High Road, Mylapore, Chennai - 600 028.

2.The District Registrar (Administration) South Chennai, District Registrar Office, TANTA Nagar, Saidapet, Chennai - 600 015.

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S.M.SUBRAMANIAM, J.

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