← Library
Madras High CourtWP/31123/2023disposed of

P.Nagarajan v. The Inspector General Of Registration

2023-11-17Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and W.M.P.Nos.30751 to 30753 of 2023 P.Nagarajan ... Petitioner Vs.

1.The Inspector General of Registration, 100, Santhome High Road, Chennai - 600 028.

2.The District Collector, Dharmapuri District, Dharmapuri.

3.The District Registrar, Dharmapuri District, Dharmapuri.

4.The Revenue Divisional Officer, Dharmapuri Taluk, Dharmapuri.

5.The Tahsildar, Dharmapuri Taluk, Dharmapuri.

6.S.Madeshwaran .....Respondents Page Nos.1/6

Prayer:-Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned order dated 20.07.2023 in Proceedings Na.Ka.No.4265/B3/2022 passed by the third respondent herein and quash the same, consequently to direct the fourth respondent to maintain the revenue records in the name of the petitioner in Survey No.89/1B, A.Reddihalli Village, Dharmapuri Taluk, Dharmapuri. For Petitioner : Mr.M.Selvam For Respondent : Mr.Yogesh Kannadasan Nos.1 to 5 Special Government Pleader

O R D E R

Challenging the impugned order passed by the third respondent in Proceedings Na.Ka.No.4265/B3/2022 dated 20.07.2023, the present Writ Petition has been filed.

2. Heard Mr.M.Selvam, learned counsel for the petitioner and Mr.K.Yogesh Kannasadan, learned Special Government Pleader appearing on behalf of the respondents 1 to 5. Page Nos.2/6

3. The learned counsel for the petitioner would submit that the petitioner has now challenged the impugned order of the third respondent before the first respondent and the same is pending.

4. The learned counsel for the petitioner has also referred the decisions of this Court regarding amendment to the retrospective effect of the registered document which has been referred to the larger bench. But however, the same is pending before the Hon'ble Division Bench of this Court.

5. Since it has been brought to the notice of this Court that the petitioner has now challenged the impugned order passed by the third respondent before the first respondent and the appeal is pending, this Court directs the first respondent to consider the appeal, after giving due notice to the petitioner and also to the rival claimants if any and shall pass orders in the appeal in accordance with law. The said appeal shall be disposed of in accordance with law within a period of two months from the date of receipt of a copy of this order. Page Nos.3/6

6. With the above direction, the Writ Petition is disposed of. Consequently, the connected Miscellaneous Petitions are closed. There shall be no order as to costs.

17.11.2023 Index: Yes/No Order: Speaking/Non-Speaking NCC : Yes/No DP Page Nos.4/6

To 1.The Inspector General of Registration, 100, Santhome High Road, Chennai - 600 028.

2.The District Collector, Dharmapuri District, Dharmapuri.

3.The District Registrar, Dharmapuri District, Dharmapuri.

4.The Revenue Divisional Officer, Dharmapuri Taluk, Dharmapuri.

5.The Tahsildar, Dharmapuri Taluk, Dharmapuri.

Page Nos.5/6

P.VELMURUGAN, J.

DP and W.M.P.Nos.30751 to 30753 of 2023 17.11.2023 Page Nos.6/6