Raman v. The Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Raman ... Petitioner Vs.

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

2.The Deputy Inspector General of Registration, Madurai Zone, Rajakambeeram, Y.Othakadai, Madurai.

3.The Deputy Inspector General of Registration, Ramanathapuram Zone, Ramanathapuram.

4.The District Registrar, Sivagangai, 5.The Sub Registrar, Manamadurai, 1/5

6.The Thayapuram Hospital Superintendent, Thayapuram, Manamadurai Taluk, 7.Jeyakumar Daniel 8.Irudhaya Poorna ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent to dispose the petitioner's appeal dated 07.02.2024 filed against the fourth respondent's order of Na.Ka.No.2019/E1/2023 dated 16.05.2023, which was forwarded to the petitioner by the second respondent, through his order No.904/Aa4/2023 dated 13.02.2024. For Petitioner : Mr.R.Murugappan For Respondents : Mr.S.Shanmugavel Additional Government Pleader for R.1 to R.6

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for the official respondents.

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2. The petitioner moved the fourth respondent impeaching the petition mentioned document under Section 77-A of the Registration Act, 1908. The fourth respondent called upon the petitioner to move the jurisdictional civil Court. Challenging the said order dated 16.05.2023, the petitioner filed an appeal before the second respondent. The second respondent forwarded the papers to the third respondent on the ground of territorial jurisdiction. The petitioner wants this appeal to be disposed of.

3. As rightly pointed out by the learned Additional Government Pleader, petitions received under Section 77-A of the Registration Act, 1908 are not being enquired into and they are kept pending. The authorities are awaiting the decision of the Hon'ble Division Bench. An appeal is the continuation of the original proceeding. Therefore, the appeal filed before the third respondent should also be kept pending. The third respondent will take a call after the Hon'ble Larger Bench pronounces its verdict.

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4. This writ petition is disposed of accordingly. There shall be no order as to costs.

27.02.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The Inspector General of Registration, 100, Santhome High Road, Chennai - 600 028.

2.The Deputy Inspector General of Registration, Madurai Zone, Rajakambeeram, Y.Othakadai, Madurai.

3.The Deputy Inspector General of Registration, Ramanathapuram Zone, Ramanathapuram.

4.The District Registrar, Sivagangai, 5.The Sub Registrar, Manamadurai, 6.The Thayapuram Hospital Superintendent, Thayapuram, Manamadurai Taluk, 4/5

G.R.SWAMINATHAN, J.

MGA 27.02.2024 5/5