K.Kuppusamy v. The District Registrar(Administration),

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.19123 of 2023 K.Kuppusamy ... Petitioner Vs.

1.The District Registrar (Administration), Vellore Road, Thiruvannamalai.

2.The Sub-Registrar, The Sub-Register Office, Kilpennathur.

3.Jothi Shanmugasundaram ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to Writ of Certiorari, calling for the records pertaining to the proceedings in No.1612/E/2023 on the file of the 1st respondent and to quash the same as illegal, incompetent and ultravires.

For Petitioner : Mr.M.Guruprasad For R1 & R2 : Mr.P.Sanjay Gandhi, Government Advocate

O R D E R

The writ petition has been filed for calling for the records pertaining to the proceedings in No.1612/E/2023 on the file of the 1st respondent and to quash the same as illegal, incompetent and ultravires.

2. The issues raised in the present writ petition were adjudicated by this Court in a batch of writ petitions in W.P.No.4192 of 2018 & etc., batch, and a judgment was delivered on 15.06.2023 and the relevant paragraphs of the judgment are extracted hereunder:

" 33. In view of the facts and circumstances, the following orders are passed:

(i) In respect of the complaints pending before the District Registrars concerned and the appeals pending before the respective Appellate Authorities, the Inspector General of Registration shall direct all the authorities to follow Circular No.1/2023 dated 10.06.2023 strictly for the purpose of disposal of the complaints and the appeals in a consistent manner;

(ii) The Inspector General of Registration is

directed to incorporate the further clarifications as stated in this order and issue a fresh Circular within a period of two weeks from the date of receipt of a copy of this order;

(iii) The respondents are directed to relegate the parties to approach Civil Court of Law, in the event of disputed facts regarding civil rights exist between the parties.

(iv) In the event of violation of the guidelines issued by the Inspector General of Registration or the directions issued by this Court or any other lapses, negligence or dereliction of duty is found while performing the duties by the authorities, departmental disciplinary proceedings are to be initiated under the relevant Service Rules.

(v) The Inspector General of Registration is directed to conduct periodical Reviews as warranted under the Rules of Public Administration.

3. In view of the fact that the case of the petitioner is also similar to that of the cases (cited supra), this writ petition stands disposed of. Consequently, the connected miscellaneous petition is closed. No costs. 05.07.2023 skr Index : Yes Speaking order To 1.The District Registrar (Administration), Vellore Road, Thiruvannamalai.

2.The Sub-Registrar, The Sub-Register Office, Kilpennathur.

S.M.SUBRAMANIAM, J.

skr 05.07.2023