Madras High CourtWMP(MD)/3860/2023allowed

Shanmugasundaram.K v. The Revenue Divisional Officer

2023-03-10Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Friday, the Tenth day of March Two Thousand and Twenty Three PRESENT The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN IN WP(MD) No.24042 of 2022 K.SHANMUGASUNDARAM ... Petitioner Vs 1 THE REVENUE DIVISIONAL OFFICER, DEVAKOTTAI, SIVAGANGAI DISTRICT.

2 THE TAHSILDAR KARAIKUDI TALUK, SIVAGANGAI DISTRICT.

3 M.VENKATACHALAM 4 THE DISTRICT REGISTRAR THE DISTRICT REGISTRAR OFFICE, MUTHUMANI MUDAKKU STREET, KARAIKUDI, SIVAGANGAI DISTRICT.

5 THE DEPUTY INSPECTOR GENERAL OF REGISTRATION, COMBINED REGISTER OFFICE, OTHAKADAI, MADURAI.

... Respondents Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to remove the condition in paragraph no.4 of the Interim order dated 20.10.2022 in WMP(MD) No.18141 of 2022 and W.P.(MD) No.24042 of 2022.

Prayer in WP(MD). 24042/ 2022 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records of the 1st respondent proceedings in Pa.Mu.a 1-7498-2019 dated 03.10.2019 and quash the same as illegal, and it may be pleased to this Honble Court. 1/3

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.R.RAGHAEW, Advocate for the petitioner, the court made the following order:- This petition has been filed to remove the condition imposed in Paragraph No.4 of the Interim order dated 20.10.2022 passed by this Court in W.P.(MD) No.24042 of 2022 and W.M.P(MD) No.18141 of 2022.

2. When the above petitions i.e., W.P.(MD) No.24042 of 2022 and W.M.P(MD) No.18141 of 2022 were taken up for hearing on 20.10.2022, this Court had imposed cost of Rs.5,000/- on the learned counsel for the petitioner for the delay in filing the petitions to quash the proceedings of the first respondent in Pa.Mu.A1-7498-2019 dated 03.10.2019 and also for misconduct of the petitioner towards the Court.

3. After passing the above order, the learned counsel for the petitioner came to the chamber and sought sincere apology for the above said incident. Hence, this Court was inclined to modify the conditional order passed on 20.10.2022. Accordingly, this petition has been filed and the matter has been listed before this Court today.

4. Considering the facts and circumstances of the case, this Court allows this petition and remove the condition imposed in Paragraph No.4 of the Interim Order dated 20.10.2022 passed in W.P. (MD) No.24042 of 2022 and W.M.P(MD) No.18141 of 2022.

5. Accordingly, the Registry is directed to issue order copy afresh.

sd/- 10/03/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

RAJA TO

1. THE REVENUE DIVISIONAL OFFICER, DEVAKOTTAI, SIVAGANGAI DISTRICT.

2. THE TAHSILDAR, KARAIKUDI TALUK, SIVAGANGAI DISTRICT.

2/3

3. THE DISTRICT REGISTRAR, THE DISTRICT REGISTRAR OFFICE, MUTHUMANI MUDAKKU STREET, KARAIKUDI, SIVAGANGAI DISTRICT.

4. THE DEPUTY INSPECTOR GENERAL OF REGISTRATION, COMBINED REGISTER OFFICE, OTHAKADAI, MADURAI.

COPY TO :

THE HEAD MASTER, MADURAI EAST PANCHAYAT UNION PRIMARY SCHOOL, Y.OTHAKADAI, MADURAI - 625 107.

+1 CC to M/s.R.RAGHAEW, Advocate ( SR-4012[I] dated 13/03/2023 )

ORDER

IN IN WP(MD) No.24042 of 2022 Date :10/03/2023 ED/CG/SAR- (05/06/2023) 3P 7C 3/3