Rev.Fr.S.Augustine Devadoss v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.08.2021

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.14757 of 2021 Rev.Fr.S.Augustine Devadoss Property Administrator Diocese of Chingleput Society, Catholic Bishop House, Kancheepuram Road, Thimmavaram, Chengalpattu - 603 101.

.. Petitioner Vs.

1.The Inspector General of Registration O/o.Inspector General of Registration, Chennai - 600 028.

2.The District Registrar Registration Department, Chengalpattu District.

3.V.R.Kamalakannan .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd respondent to dispose of the petition filed before him under Section 68(2) of the Registration Act, 1908 as per notice dated 05.11.2020 made in vide Na.Ka.No.3807/A3/2020 within the time stipulated by this Court.

For Petitioner .. Mr.K.V.Muthu Visakan For R1 & R2 .. Mr.Yogesh Kannadasan (Govt. Advocate) For R3 .. Mr.E.Senthilkumar

ORDER

Heard Mr.K.V.Muthu Visakan, learned counsel appearing for the petitioner and Mr.Yogesh Kannadasan, learned Government Advocate appearing for the 1st and 2nd respondents and Mr.E.Senthilkumar, learned counsel for the 3rd respondent.

2.The scope of the writ petition is quite narrow in the sense that Mandamus is sought to the 2nd respondent / District Registrar, Registration Department, Chengalpattu District, to dispose of the petition filed under Section 68(2) of Registration Act, 1908 as per notice dated 05.11.2020 made in Na.Ka.No.3807/A3/2020 within a stipulated time. 3.Let me not enter into any discussion on the merits of the contentions raised either by the learned counsel for the petitioner or by the learned counsel for the 3rd respondent. Let me restrain myself by giving a direction, since it is informed that final hearing had been conducted on 28.12.2020 and written statements also filed on behalf of the writ petitioner and that the 3rd respondent also participated in the enquiry by issuing a Mandamus to the 2nd respondent to pass orders in the proceedings Na.Ka.No.3807/A3/2020 within a period of four weeks from the date of receipt of copy of this order.

4.The said official must keep in mind that even the provision of law under Section 68(2) of the Registration Act, 1908 provides only a period of eight weeks to pass final orders. 5.It is quite disturbing that even though final hearing was held on 28.12.2020, in August 2021, a grievance is expressed that final orders have not been passed. Therefore, a direction is given to the 2nd respondent that orders should be passed within a period of four weeks from the date of receipt of a copy of this order. No further time will be granted. 6.With the said observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar smv To 1.The Inspector General of Registration O/o.Inspector General of Registration, Chennai - 600 028.

2.The District Registrar Registration Department, Chengalpattu District.

+1cc to Mr.K.Muthuvisakan, Advocate, S.R.No.38608 +1cc to the Government Pleader, S.R.No.39099 W.P.No.14757 of 2021 CP(CO) CB(23/08/2021)