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Madras High CourtWP/23147/2023disposed of

M.Nagalakshmi v. The Inspector General Of Registration

2023-08-08Honourable Mr Justice S.M. Subramaniam8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :08.08.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM 1.M.Nagalakshmi 2.K.Mahalakshmi ... Petitioners Vs.

1.The Inspector General of Registration,

100. Santhome High Road, Raja Annamalai puram, Chennai - 600 028.

2.The District Registrar, Registration Department, Kancheepuram Road, 3.The Sub-Registrar, Registration Department, Thiruporur, 4.The Director, The Directorate of Town and Country Planning Anna Salai, Chennai - 600 002.

5.The Regional Deputy Director, Chengalpattu District Town and Country Planning Office, No.124, G.S.T.Road, Municipal Shopping Complex, 6.The Secretary, Navalur Village Panchayat Office, Rajiv Gandhi Road, Navalur, Thiruporur Taluk, 7.The District Collector, Office of Collectorate, Chengalpattu District, 8.The Tahsildar, Thiruporur Taluk, Thiruporur, Chengalpattu District.

9.The Village Administrative Officer, Navalur Village, Rajiv Gandhi Salai, Navalur, Thiruporur Taluk, 10.D.Manoharan 11.D.Krishnamurthy 12.M/s.Premium Prosperity Infra (P) Ltd., Rep. By Directors N.Sathya Sai Sankar, Ajaykumar Nagarajan, Regd. office at No.6, Padmanaba Nagar, Second Street, Adyar, Chennai - 600 020.

... Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to consider the petitioner's representation dated 25.10.2022 within a stipulated period that may be fixed by this Hon'ble Court.

For Petitioner : Mr.B.L.Sankar For R1 to R5 & : Mr.D.Ravichander, R7 to R9 Special Government Pleader

O R D E R

The writ petition has been filed for directing the 2nd respondent to consider the petitioner's representation dated 25.10.2022.

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 [A.Selvam vs. The Sub Registrar, Dadagapatti, Salem District] etc., and batch, and a judgment was delivered on 15.06.2023. In this regard, the Inspector General of Registration has issued a Letter No.19464/U1/2023 dated 10.06.2023 in Circular No.1 of 2023. The relevant paragraphs of the above said judgment are extracted hereunder:

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

(1)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;

(2)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;

(3)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.

(4)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.

(5) 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), the case of the petitioner is also to be considered on the same line.

4. Accordingly, this Writ Petition stands disposed of. No costs. 08.08.2023 2/2 skr Index : Yes Speaking order

To 1.The Inspector General of Registration,

100. Santhome High Road, Raja Annamalai puram, Chennai - 600 028.

2.The District Registrar, Registration Department, Kancheepuram Road, 3.The Sub-Registrar, Registration Department, Thiruporur, 4.The Director, The Directorate of Town and Country Planning Anna Salai, Chennai - 600 002.

5.The Regional Deputy Director, Chengalpattu District Town and Country Planning Office, No.124, G.S.T.Road, Municipal Shopping Complex, 6.The Secretary, Navalur Village Panchayat Office, Rajiv Gandhi Road, Navalur, Thiruporur Taluk, 7.The District Collector, Office of Collectorate,

Chengalpattu District, 8.The Tahsildar, Thiruporur Taluk, Thiruporur, Chengalpattu District.

9.The Village Administrative Officer, Navalur Village, Rajiv Gandhi Salai, Navalur, Thiruporur Taluk,

S.M.SUBRAMANIAM, J.

skr 08.08.2023 2/2