P.Meyyan v. The Inspector General Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 29.07.2016
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.26455 of 2016 P.Meyyan ... Petitioner Vs.
1. The Inspector General of Registration, Office of the Inspector General of Registration, No.110, Santhome Main Road, Pattinapakkam, Chennai - 600 028.
2. The District Registrar(Admin), Office of the District Registrar, Registration Department, Ariyalur District, Ariyalur.
3. The Sub Registrar, Office of the Sub Registrar, Chettikularm, Alanthur Taluk, Perambalur District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the 1st respondent to consider the appeal filed by the petitioner dated 16.02.2016 bearing appeal No.8217/2016 pending on the file of the 1st respondent and to pass order on merits. For Petitioner : Mr.G.Ilamurugu For Respondents : Mr.S.Naveenathan, Additional Government Pleader
O R D E R
By consent this Writ Petition is taken up for final disposal.
2. The petitioner claims to be in possession of 14 Acres 46 cents in S.Nos.19/1A, 25/1, 25/2, 39/1, 39/3A and 25/3 at Nakkasalem Village, Alathur Taluk, Perambalur District and with regard to the compliant of land grabbing, the second respondent has conducted an enquiry and passed the final order
dated 18.01.2016, rejecting the request made by the petitioner with liberty to approach the competent forum. The petitioner challenging the legality of the order, filed an appeal before the first respondent on 16.02.2016. The office of the first respondent, on receipt of the appeal has sent a communication dated 13.05.2016 stating that in respect of Circular No.67/2011 dated 03.11.2011, this Court has granted interim order and as and when the interim order is vacated, the appeal has been taken up and given disposal.
3. The learned counsel appearing for the petitioner would submit that there is no interim order subsisting with regard to the applicability of the said Circular and therefore, there cannot be any impediment on the part of the first respondent to take up the appeal and give disposal.
4. Heard the submission of Mr.S.Naveenathan, learned Additional Government Pleader, who accepts notice on behalf of the respondents.
5. This Court, taking into consideration the limited scope of prayer and without going into the merits of the same, directs the first respondent to entertain the appeal filed by the petitioner, if the papers are otherwise in order and after putting on notice the persons concerned, pass orders in accordance with law within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the persons concerned.
This Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar vsm To
1. The Inspector General of Registration, Office of the Inspector General of Registration, No.110, Santhome Main Road, Pattinapakkam, Chennai - 600 028.
2. The District Registrar, Office of the District Registrar, Registration Department, Ariyalur District, Ariyalur.
3. The Sub Registrar, Office of the Sub Registrar, Chettikularm, Alanthur Taluk, Perambalur District.
+1cc to Mr.G.Ilamurugu, Advocate, S.R.No.43143 +1cc to the Government Pleader, S.R.No.43313 Writ Petition No.26455 of 2016 GR(CO) CA(18/08/2016)