Arulnathan v. The Deputy Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.11.2022 CORAM :
THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition No.29611 of 2022 and W.M.P.No.28989 of 2022 Arulnathan ... Petitioner Vs.
1.The Deputy Inspector General of Registration, Integrated Building for Offices of the Commercial Taxes and Registration Department, Fanepet, Nandanam, Chennai - 600 035.
2.The District Registrar, Integrated Building for Offices of the Commercial Taxes and Registration Department, Fanepet, Nandanam, Chennai - 600 035.
3.The Sub-Registrar, Tambaram Sub-Registrar Office, Tambaram.
4.The Sub-Registrar, Selaiyur Sub-Registrar Office, Selaiyur.
5.Ebinezar 6.J.Jeyaseelan Page No.1 of 7
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the first respondent to dispose the appeal filed by petitioner on 16.09.2022 in a stipulated time frame by this Court.
For Petitioner :
Mr.K.Thenrajan For Respondents 1 to 4 :
Mr.G.Krishna Raja, Additional Government Pleader
O R D E R
The petitioner has filed this petition seeking direction to the first respondent to dispose the appeal filed by petitioner on 16.09.2022 in a stipulated time frame by this Court.
2. By consent of both the parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. Since no adverse order have been passed against the respondents 5 & 6, notice to the respondents 5 & 6 is dispensed with. Page No.2 of 7
4. The grievance of the petitioner is that the fifth and sixth respondents was his paternal's uncle's sons and they gave a complaint to the second respondent to cancel the documents in Document No.5904/2005 before the third respondent and Document Nos.3755/2011, 3756/2011, 3759/2011, 3760/2011, 10767/18, 14559/18, 14561/18, 14560/18 before the fourth respondent and based on their complaint, the second respondent, without conducting any proper enquiry, allowed the complaint by order dated 27.08.2020 vide his proceedings in Na.Ka.No.14114/E2/2019. Aggrieved over the above order of the second respondent, the petitioner preferred an appeal dated 16.09.2022 before the first respondent to set aside the order dated 27.08.2020, however, till date, the said appeal is pending before the first respondent. Hence, this writ petition.
5. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the first respondents to dispose the petitioner's appeal dated Page No.3 of 7
16.09.2022 and pass orders on merits within a particular time frame to be fixed by this Court.
6. The learned Additional Government Pleader appearing for the respondents has no objection for said order being passed.
7. Heard the learned counsel on either side and perused the materials placed on record.
8. Taking into consideration the factual aspects of the matter, this Court without going into the merits of the case, directs the first respondent to dispose the petitioner's appeal dated 16.09.2022 by affording a reasonable opportunity of hearing to the petitioner as well as the private respondents and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
9. With the above observation and direction, this Writ Petition is Page No.4 of 7
disposed of. No costs. Consequently, connected miscellaneous petition is closed.
09.11.2022 vm Index :
Yes/No Speaking Order :
Yes/No To:
1.The Deputy Inspector General of Registration, Integrated Building for Offices of the Commercial Taxes and Registration Department, Fanepet, Nandanam, Chennai - 600 035.
2.The District Registrar, Integrated Building for Offices of the Commercial Taxes and Registration Department, Fanepet, Nandanam, Chennai - 600 035.
3.The Sub-Registrar, Tambaram Sub-Registrar Office, Tambaram.
4.The Sub-Registrar, Selaiyur Sub-Registrar Office, Selaiyur.
Page No.5 of 7
M.DHANDAPANI,J.
vm Page No.6 of 7
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