Poquile @ Selvi v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25..06..2024 Coram THE HON'BLE MR JUSTICE N.SATHISH KUMAR Writ Petition No.21307 of 2023 1.Poquile @ Selvi 2.Punitha @ Mangavarame ..... Petitioners -Versus1.The Inspector General of Registration cum Secretary (Revenue), Puducherry - 605 001.
2.The District Registrar, Office of Registrar, Government of Puducherry, Registration Department, Puducherry.
3.Ranjith 4.The Inspector of Police, Mudaliarpettai Police Station, Puducherry.
..... Respondents Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Mandamus directing the 1st respondent to pass orders on the appeal filed by the petitioners on 17.08.2022 against the order passed by the District Registrar, Puducherry/ the 2nd respondent in No.4225/DRP/DRO/RD/2021/608/1236 dated 15.07.2022.
For Petitioner(s) : Mr.M.Gnanasekar For Respondent (s) : Ms.V.Usha, Additional Government Pleader (Puducherry) for R1 & R2 No appearance for R3 Mr.S.Sugendran, Additional Public Prosecutor for R4
ORDER
This writ petition has been filed seeking a writ in the nature of Mandamus directing the 1st respondent to pass orders on the appeal filed by the petitioners on 17.08.2022 against the order passed by the District Registrar, Puducherry/ the 2nd respondent in No.4225/DRP/DRO/RD/2021/608/1236 dated 15.07.2022.
2. Heard both sides.
3. It is the case of the petitioners that as against the orders of the 2nd respondent dated 15.07.2022 declaring the various deeds as detailed in Tabular Column in para 6 of the impugned order executed by Tmt.Porkilai @ Selvi and Tmt.Punitha @ Mangavaram or by any one claiming right under them in favour of the counter petitioners therein are void and non-est in the eye of law and as
fraudulent transactions, they preferred an appeal as early as in August, 2022 before the 1st respondent, the same has not yet been taken on file.
4. The learned Additional Government Pleader (Puducherry) appearing for the respondents 1 and 2 would submit that the very circular which is the base for passing the order impugned in the writ petition itself has been quashed by this court and therefore, the 1st respondent has no power to entertain the appeal in question.
5. Be that as it may, as the circular upon which reliance was placed by the petitioner to entertain the complaint alleging fraudulent transactions itself has been quashed, even if any direction as prayed in the writ petition is given, the same would not serve any purpose. Therefore, the petitioners are given liberty to workout their remedy by challenging the order passed by the 2nd respondent before the appropriate forum in the manner known to law. This writ petition is disposed of accordingly with the above observations. No cost.
Index : yes / no 25..06..2024 : yes / no kmk
To 1.The Inspector General of Registration cum Secretary (Revenue), Puducherry - 605 001.
2.The District Registrar, Office of Registrar, Government of Puducherry, Registration Department, Puducherry.
3.The Inspector of Police, Mudaliarpettai Police Station, Puducherry.
N.SATHISH KUMAR.J., kmk 25..06..2024