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Madras High CourtWP/38831/2016dismissed for nonprosecution

P.Babu, S/O.K.Perumal Naicker, v. The Inspector General Of

2022-11-09Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.11.2022 CORAM :

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition Nos.38831 & 38832 of 2016 and W.M.P.Nos.33288 & 33290 of 2016 P.Babu ... Petitioner in W.P.No.38831 of 2016 P.Nagappan ... Petitioner in W.P.No.38832 of 2016 Vs.

1.The Inspector General of Registration, 100, Santhome High Road, Pattinapakkam, Chennai - 600 028.

2.The Sub-Registrar, Villivakkam, Chennai.

3.P.Radhakrishnan ... Respondents in both W.Ps COMMON PRAYER: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the deed of cancellation of the settlement deeds in Document No.3695 of 2009 dated 01.12.2009 and the subsequent Deed of Settlement in Document No.3696 of 2009 dated 01.12.2009 on the Office of the 2nd respondent herein and to quash the same and consequently direct the 2nd respondent to cancel the entries in the Encumbrance Certificate and direct Page No.1 of 5

the 2nd respondent to pay fine to this Court. For Petitioner :

No Appearance in both W.Ps For Respondents 1 & 2 :

Mr.G.Krishna Raja, Additional Government Pleader For Respondent 3 : Mr.A.Saravanan C O M M O N O R D E R The petitioners have filed this petition seeking for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the deed of cancellation of the settlement deeds in Document No.3695 of 2009 dated 01.12.2009 and the subsequent Deed of Settlement in Document No.3696 of 2009 dated 01.12.2009 on the Office of the 2nd respondent herein and to quash the same and consequently direct the 2nd respondent to cancel the entries in the Encumbrance Certificate and direct the 2nd respondent to pay fine to this Court.

2. When the matter was listed for hearing on earlier occasion i.e. on 02.11.2022, none appeared on behalf of the petitioners. Hence, this Court Page No.2 of 5

directed the Registry to list these matters on 09.11.2022 under the caption "For Dismissal".

3. Today, when the matter was taken up for hearing, there was no representation for the petitioners. Thus, it is clear and evident that the petitioners are not interested in prosecuting the case and this Court has no other option except to dismiss these Writ Petitions for non-prosecution.

4. In view of the above, these Writ Petitions are dismissed for nonprosecution. No costs. Consequently, connected Miscellaneous Petitions are closed.

09.11.2022 vm Index :

Yes/No Speaking Order :

Yes/No Copy To:

1.The Inspector General of Registration, 100, Santhome High Road, Pattinapakkam, Chennai - 600 028.

Page No.3 of 5

2.The Sub-Registrar, Villivakkam, Chennai.

M.DHANDAPANI,J.

vm W.P.Nos.38831 & 38832 of 2016 Page No.4 of 5

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