R.Balaji v. The District Registrar (Admn)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.10.2023 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN R. Balaji ... Petitioner Vs.

1. The District Registrar (Admn) Assistant I.G. of Registration Cadre, Salem East, Kumaragiri Bypass Road, Kamarajar Nagar Colony, Ammapet - 636 104 Salem District

2. The Sub Registrar Attur Sub Registrar Office, Attur, Salem District

3. P.Rajendran ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue writ of Mandamus directing the 1st respondent to pass an order on the petitioner's complaint petition dated 29.05.2023 made in Na.Ka.No.3464/E3/2023 to cancel the bogus partition release deed dated 04.01.2023 (Doc. No.72/2023), within a time frame. For Petitioner : Mr.N.Manokaran 1/5

For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

ORDER

This Writ Petition is filed seeking a writ of Mandamus directing the 1st respondent to pass an order on the petitioner's complaint petition dated 29.05.2023 made in Na.Ka.No.3464/E3/2023 to cancel the bogus partition release deed dated 04.01.2023 (Doc. No.72/2023), within a time frame.

2. Today, when the matter was taken up for hearing, the learned counsel for the petitioner submitted that it would suffice if a direction is issued to the 1st respondent to consider the representation of the petitioner.

3. Mr.Yogesh Kannadasan, learned Special Government Pleader who takes notice for the official respondents produced a circular No.03/2023, in Letter No.36330/U1/2023 dated 29.09.2023, issued by the Inspector General of Registration, Chennai, wherein, pursuant to the directions of the High Court, all the District Registrars in Tamil Nadu have been directed not to take any further action on the application under Section 77A of the Registration Act till a final decision is rendered by the Larger Bench. The 2/5

learned Special Government Pleader fairly conceded that the said position was not communicated to the petitioner.

4. In view of the submission made by the learned Special Government Pleader, no order can be passed in the writ petition. The 1st respondent is directed to communicate the said position to the petitioner.

5. Accordingly, the writ petition is disposed of at the admission stage itself. However, there shall be no order as to costs. 16.10.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No 3/5

To

1. The District Collector Collectorate Erode - 638011 Erode District

2. The District Revenue Officer Erode - 638011 Erode District

3. The Revenue Divisional Officer Erode - 638011 Erode District

4. The Tahsildar Perundurai Taluk Erode District

5. The Superintendent of Police District Police Office Erode - 638001 Erode District 4/5

P.VELMURUGAN. J.

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