A.Devanbu v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 01.11.2023 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No.30870 of 2023 and W.M.P.Nos.30525 and 30526 of 2023 ---

1. A.Devanbu

2. Sathyadoss.E .. Petitioners Vs.

1. The Inspector General of Registration Santhome, Chennai.

2. The District Registrar, Chennai South (Administration), (in the cadre of Asst. Inspector General), No.537, Fanepet, Nandanam, Chennai-600 035.

3. The Tahsildar, Tambaram, Chengalpattu District.

4. P.Durai

5. P.Thirumalai

6. V.Clemant Elango .. Respondents 1 / 5

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the first respondent to consider the petitioner's detailed Appeal dated 07.09.2023 and pass appropriate orders thereon on merits and in accordance with law within a stipulated time frame as deemed fit by this Court and to direct the third respondent herein to keep all proceedings and to direct the third respondent to await the order of the first respondent in the petitioner's Appeal dated 07.09.2023 prior to passing any orders on the application of the sixth respondent herein in pursuance of the order dated 04.07.2023 issued by the second respondent herein.

For petitioner : Mr.M.Ravi For respondents: Mr.Yogesh Kannadasan, Spl.G.P. for RR-1 to 3 Mr.T.R.Rajagopalan, Senior Counsel for RR-4 & 5 Mr.T.Susindran for Mr.R.Vasudevan for R-6

ORDER

The petitioners have filed the above Writ Petition praying for issuance of a Writ of Mandamus to direct the first respondent to consider the petitioner's detailed Appeal dated 07.09.2023 and pass 2 / 5

appropriate orders thereon on merits and in accordance with law within a stipulated time frame as deemed fit by this Court and to direct the third respondent herein to keep all proceedings and to direct the third respondent to await the order of the first respondent in the petitioner's Appeal dated 07.09.2023 prior to passing any orders on the application of the sixth respondent herein in pursuance of the order dated 04.07.2023 issued by the second respondent herein.

2. Learned Senior Counsel appearing for the private respondents 4 and 5 submitted that any time may be stipulated to the first respondent to decide the said appeal filed by the petitioner, and when there is appeal against the order passed by the second respondent, which is pending with the first respondent, and considering the fact that the petitioner is apprehending that taking advantage of the order passed by the second respondent, the third respondent would transfer the Patta, however, the appeal is pending with the first respondent. So far, the appeal is not yet disposed of. Hence, the first respondent is directed to issue notice to both parties and rival parties if any and also to the private respondents herein and dispose of the said appeal, on 3 / 5

merits and in accordance with law, after giving an opportunity of hearing to all the parties within one month from the date of receipt of a copy of this order.

3. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs in this Writ Petition. Consequently, W.M.P.No.30526 of 2023 is closed.

4. W.M.P.No.30525 of 2023 is ordered on payment of separate Court fee by each of the petitioners.

01.11.2023 cs To

1. The Inspector General of Registration Santhome, Chennai.

2. The District Registrar, Chennai South (Administration), (in the cadre of Asst. Inspector General), No.537, Fanepet, Nandanam, Chennai-600 035.

3. The Tahsildar, Tambaram, Chengalpattu District.

4 / 5

P.VELMURUGAN, J cs W.P.No.30870 of 2023 01.11.2023 5 / 5