Federation Of Orchid Springs v. The Inspector General Of Registration,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.11.2018

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.31331 of 2018 Federation of Orchid Springs Residential Association (FOSRA), Rep. by its Secretary, 1014, Pine Block, Orchid Springs, 54, Water Canal Road, Korattur, Chennai-600 076.

...Petitioner

..Vs..

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

2. The District Registrar (Admin), Chennai Central, Chennai - 600 014.

3. Alliance Orchid Springs, Flat Owners Association, Rep. by its Secretary, 110, Pearl Block, Alliance Orchid Springs, 54, Water Canal Road, Korattur, Chennai - 600 076.

...Respondents

Prayer: Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to dispose of the Appeal dated 04.12.2017 and sent by Registered Post on 06.01.2018, filed by the Petitioner Association, pending on the file of the first respondent, within a time frame as may be fixed by this Hon'ble Court. For Petitioner : Mr.P.Raja For Respondents : Mr.T.M.Pappiah Special Government Pleader For R1 and R2

O R D E R

By consent, this Writ Petition is taken up for final disposal at the stage of admission itself.

2. This Writ Petition has been filed seeking for a direction to the first respondent to dispose of the Appeal dated 04.12.2017, filed by the Petitioner Association, within a stipulated period.

3. According to the learned counsel for the petitioner, the petitioner filed an appeal before the first respondent on 04.12.2017, challenging the proceeding of the second respondent in Proceedings No.14821/D2/2016 dated 04.12.2017. As no orders have been passed on the appeal till date, the petitioner has come forward with this Writ petition seeking for the aforesaid relief.

4. Heard Mr.T.M.Pappiah, learned Special Government Pleader appearing for the respondents 1 and 2.

5. Considering the facts and circumstances of the case and having regard to the submissions made, without going into the merits of the case, this Court directs the first respondent to pass orders on the appeal filed by the petitioner dated 04.12.2017, on merits and in accordance with law, after issuing notice to the petitioner and the third respondent herein and also affording due opportunity of hearing to the petitioner, third respondent herein as well as any of the interested parties, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar arr To 1.The Inspector General of Registration, Santhome, Chennai- 600 028.

2. The District Registrar (Admin), Chennai Central, Chennai - 600 014.

+1 cc to The Government Pleader, Sr.No.82252 +1 cc to Mr.P.Raja, Advocate Sr.No.81607 W.P.No.31331 of 2018 SAI(CO) CSL/18.12.2018