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Madras High CourtWP/32212/2023disposed of

K.Nanthakumar v. The State Of Tamil Nadu

2023-11-10Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2023 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN K.Nanthakumar ... Petitioner Vs.

1. The State of Tamil Nadu Rep by Inspector General of Registration (Appellate Office) No.100, Santhome High Road, Mylapore, Chennai - 600 004

2. The District Registrar (Administration) Chengalpet

3. The Sub Registrar Thiruporur, Chengalpet District

4. Amalraj

5. Dayana Rexilin

6. M.J.Rajarathinam

7. N.Anish Kumar ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the 1st respondent to consider the representation/appeal dated 22.09.2023 and conduct a fair enquiry and consequently grant an interim injunction restraining the 5th respondent from initiating any further registration or encumbrance in accordance with the petitioner's property bearing vacant land measuring an extent of Acre 0.20.50 cents in S.No.53/16, Thazambur Village, Vandalur Taluk, Thiruporur Sub Registrar Office, Chengalpet District.

For Petitioner : Mr.D.Manimaran 1/5

For Respondents : Mr.Yogesh Kannadasan Special Government Pleader for R1 to R3

ORDER

This Writ Petition is filed seeking a Writ of Mandamus directing the 1st respondent to consider the representation/appeal dated 22.09.2023 and conduct a fair enquiry and consequently grant an interim injunction restraining the 5th respondent from initiating any further registration or encumbrance in accordance with the petitioner's property bearing vacant land measuring an extent of Acre 0.20.50 cents in S.No.53/16, Thazambur Village, Vandalur Taluk, Thiruporur Sub Registrar Office, Chengalpet District. 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 dispose of the petitioner's representation/appeal dated 22.09.2023, within a stipulated time as may be fixed by this Court. 3.Mr.Yogesh Kannadasan, learned Special Government Pleader who takes notice for the respondents 1 to 3 submitted that the 1st respondent may be directed to consider the petitioner's representation/appeal dated 2/5

22.09.2023 and pass orders on merits in accordance with law.

4. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the 1st respondent to consider the petitioner's representation/appeal dated 22.09.2023 and conduct enquiry and pass orders on merits and in accordance with law, after giving notice and opportunity of hearing to the petitioner as well as all the privates respondents 4 to 7 and interested parties/rival claimants if any, within a period of three months from the date of receipt of copy of this order.

5. With the above directions, this Writ Petition is disposed of at the admission stage itself. There shall be no order as to costs. 10.11.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No To 3/5

1. The Inspector General of Registration (Appellate Office) No.100, Santhome High Road, Mylapore, Chennai - 600 004

2. The District Registrar (Administration) Chengalpet

3. The Sub Registrar Thiruporur, Chengalpet District 4/5

P.VELMURUGAN. J.

Ksa-2 10.11.2023 5/5