Divya v. The State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.08.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Divya ... Petitioner Vs.
1.The Deputy Registrar, O/o. The Deputy Registrar, 2nd floor, Integrated Building Complex, Kumaragiri Bypass Road, Near Kailash Manasarovar CBSE School, Near Udayapatty Power House, Ammapet, Salem - 636 014.
2.The Deputy Registrar, District Registration Salem East Office, 27c, Ramasundaram Street, Ammapettai, Salem - 636 001.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to pass order on the appeal dated 20.05.2022 filed by the petitioner as against the order dated 18.03.2022 passed by the second respondent. For Petitioner : Mr.R.Thirumoorthy For Respondents : Mr.D.Ravichander, Special Government Pleader
O R D E R
The relief sought for in the present writ petition is to direct the first respondent to pass order on the appeal dated 20.05.2022 filed by the petitioner as against the order dated 18.03.2022 passed by the second respondent.
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. Subsequently, a circular dated 10.06.2023 has been issued by the Inspector General of Registration in Circular No. 01/2023. 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. Accordingly, this Writ Petition stands disposed of. No costs.
14.08.2023 nl Index : Yes Speaking order
To 1.The Deputy Registrar, O/o. The Deputy Registrar, 2nd floor, Integrated Building Complex, Kumaragiri Bypass Road, Near Kailash Manasarovar CBSE School, Near Udayapatty Power House, Ammapet, Salem - 636 014.
2.The Deputy Registrar, District Registration Salem East Office, 27c, Ramasundaram Street, Ammapettai, Salem - 636 001.
S.M.SUBRAMANIAM, J.
nl 14.08.2023