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Madras High CourtWP(MD)/2087/2020dismissed as infructuous

R.Durairaj Pandian v. The Prl. Secretary

2023-03-09Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P.(MD) No.1748 of 2020 R.Durairaj Pandian .. Petitioner Vs.

1.The Principal Secretary, The Commercial Taxes and Registration Department, Secretariat, Chennai-600 009.

2.The Inspector General of Registration, Tamil Nadu State Registration Department, No.100, Santhome High Road, Mullima Nagar, Manthavelipakkam, Raja Annamalai Nagar, Chennai-600 028.

3.The District Registrar (Administration and Auditing), Department of Registration, District Collector Office Campus, Tirunelveli District.

4.The District Registrar (Administration and Auditing), Department of Registration,

District Registrar Office, Tenkasi District.

5.The Sub-Registrar, Surandai Sub-Registrar Office, Surandai, Tenkasi District.

6.Seronmani 7.K.Navamani Paulraj .. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the 4th respondent to conduct appropriate enquiry as per Circular No.1839/C1/12 dated 25.04.2012 and Circular No.25600/C1/18 dated 07.06.2018 issued by the 2nd respondent and consequently annul the fraudulent settlement deed produced by the 6th and 5th respondents in Document No.3589/2018 dated 20.08.2018 on the file of the 5th respondent herein. For Petitioner :

Mr.M.Laxmi Mahendran For RR6 & 7 :

Mr.H.Lakshmi Shankar

ORDER

It is informed by the learned counsel for the petitioner that enquiry had been conducted and orders have passed in favour of the petitioner. Thereafter, an appeal has been preferred by the 6th and 7th respondents

where the order passed by the 4th respondent has been confirmed and the matter is now pending before this Court in W.P.(MD) No.10732 of 2022.

2. Since this Writ Petition has been filed for a mandamus directing the 4th respondent to conduct an enquiry and such enquiry had already been conducted and now the subject matter is pending in W.P.(MD) No. 10732 of 2022, nothing survives for consideration in this Writ Petition and same is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

09.03.2023 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The Principal Secretary, The Commercial Taxes and Registration Department, Secretariat, Chennai-600 009.

P.T.ASHA, J.

abr 2.The Inspector General of Registration, Tamil Nadu State Registration Department, No.100, Santhome High Road, Mullima Nagar, Manthavelipakkam, Raja Annamalai Nagar, Chennai-600 028.

3.The District Registrar (Administration and Auditing), Department of Registration, District Collector Office Campus, Tirunelveli District.

4.The District Registrar (Administration and Auditing), Department of Registration, District Registrar Office, Tenkasi District.

5.The Sub-Registrar, Surandai Sub-Registrar Office, Surandai, Tenkasi District.

Dated: 09.03.2023