M.Indirani v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.04.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH M. Indirani ... Petitioner Vs.

1.The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.

2.The District Registrar (West), No.313, 3rd Floor, District Registrar Office, Kottai Main Road, Salem District.

3.The Sub Registrar, Sub Registrar Office, Mettur Dam, Salem District.

4.Sundararajan 5.Koushik ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to dispose of the appeal filed by the petitioner dated 30.12.2022 in 1/4

proceedings No.11051/E4/2022 and cancel the Settlement Deed in Doc.No.3758/2022 dated 13.09.2022.

For Petitioner : Mr.V. Elangovan For R1 to R3 : Mr.Yogesh Kannadasan, Special Government Pleader

ORDER

Heard Mr.V. Elangovan, learned counsel for the petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader for the respondents 1 to 3.

2. Since this Court is directing the second respondent to dispose the appeal filed by the petitioner, after giving due notice and opportunity to the fourth and fifth respondents, notice to the fourth and fifth respondents, is hereby dispensed with.

3. The petitioner herein had given an appeal petition to the respondents 1 to 3 on 30.12.2022, to not to register the sale deed pursuant to the sale agreement in Doc.No.5251/2022, SRO Mettur 2/4

without his consent. The said appeal petition has not been disposed till date.

4. It is needless to point out that whenever a statutory appeal is preferred before the Appellate Authority, there is a duty cast upon them to dispose of the appeal expeditiously. Non-compliance of such a responsibility would amount to dereliction of duties and this Court would be justified in directing the authority to dispose of the appeal within a stipulated time, in exercise of its powers under Article 226 of the Constitution of India.

5. In the light of the above observations, there shall be a direction to the second respondent herein, to dispose of the petitioner's appeal petition dated 30.12.2022, if not already disposed of, after giving due opportunity to the petitioner, as well as the respondents 4 and 5 and any other person who may be interested in the subject property, on its own merits and in accordance with law, within a period of three (3) months from the date of receipt of a copy of this order. 3/4

M.S.RAMESH,J.

Sni

6. With the above direction, the Writ Petition stands disposed of. No costs.

03.04.2023 Speaking order/Non-speaking order Index:Yes/No Sni To 1.The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.

2.The District Registrar (West), No.313, 3rd Floor, District Registrar Office, Kottai Main Road, Salem District.

3.The Sub Registrar, Sub Registrar Office, Mettur Dam, Salem District.

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