Akbr Leathers Employees Union v. Inspector General
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.07.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Akbar Leathers Employees Union Rep by its General Secretary M.H.Babu C/o.2/34, Periyankuppam Post, Ambur, Vellore District Tamil Nadu - 635 814 ...
Petitioner vs 1.The Inspector General O/o.the Inspector General of Registration No.100, Santhome High Road, Chennai - 28.
2.The Collector Tirupattur District Collectorate Government Garden Tirupattur, Tamil Nadu - 635 601.
3.The Tahsildar Ambur Taluk Office Somalapuram Ambur, Tamil Nadu - 653802.
4.Mr.Ghanthiraj 5.Mr.Paresh Akbar ... Respondents 1/5
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the first respondent herein to conduct enquiry and dispose of the petitioner's application dated 07.09.2023 for cancellation of the Registered Doc.No.6229/2008 dated 26.08.2008, Sub Registrar Office, Ambur under Section 77A of the Registration Act as expeditiously as possible.
For Petitioner :
Mr.G.Muthu For Respondents :
Mr.M.Shajahan, Spl.GP for R1 Mr.G.Ameedius for R2 & R3
O R D E R
By consent of both sides, this Writ Petition is disposed of at the stage of admission itself.
2. The case of the petitioner is that Akbar Leathers Ltd, Ambur had filed CP.No.47 to 51 of 1998 before the Labour Court, Vellore, wherein orders have been passed in favour of the 19 employees, other than the employees who are member in the present union. The Court also ordered the amount to be collected from the Management of Akbar Leather Ltd by way of conducting public auction and distribute the amount to the said 19 employees. By an auction notice dated 02.01.2003, public auction was conducted on 09.01.2003 and the 4th respondent paid the 25% of the initial amount with a condition to pay the balance amount within 30days from the 2/5
auction, thereafter, it appears that the property has been sold to the 4th respondent.
3. Heard the learned Counsel for the petitioner and the learned Special Government Pleader for first respondent and learned Government Advocate for respondents 2 and 3 and perused the materials available on record.
4. According to the petitioner, the property has been under valued and the petitioner has given a representation dated on 07.09.2003 to the first respondent for cancellation of the Doc.No.6629/2008 dated 26.08.2008 at SRO, Ambur.
5. The very affidavit itself indicates that the petitioner lost his rights in the Industrial Dispute before the concerned authorities. The property is said to have been sold in the public auction during the year 2008 itself. Now, one of the employees of the association seeks to cancel the document under Section 77A. This Court is of the view that it is nothing but an abuse of powers of Article 226 of the Constitution of India. Hence, I do not find any merits in this writ petition.
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5. In the result, the writ petition is dismissed. No costs. 24.07.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No tsh To 1.The Inspector General O/o.The Inspector General of Registration No.100, Santhome High Road, Chennai - 28.
2.The Collector Tirupattur District Collectorate Government Garden Tirupattur, Tamil Nadu - 635 601.
3.The Tahsildar Ambur Taluk Office Somalapuram Ambur, Tamil Nadu - 653802.
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N.SATHISH KUMAR , J.
tsh 24.07.2024 5/5