G.Paul Annasundari v. The Inspector General Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2019
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.13822 of 2019 and W.M.P.(MD)No.10340 of 2019 G.Paul Annasundari ... Petitioner Vs.
1.The Inspector General of Registration, Tamil Nadu Registration Department, Santhome, Chennai.
2.The Personal Assistant to the Inspector General of Registration (General), Tamil Nadu Registration Department, Santhome, Chennai.
3.The District Registrar, Kanyakumari District at Nagercoil.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records on the files of the third respondent pertaining to his order bearing No.4432/E1/2018-1, dated 25.03.2019 and the consequential order passed by the third respondent bearing No.4432/E1/2018, dated 30.04.2019, and to quash the same and consequently, direct the respondents not to make any recovery.
For Petitioner : Mr.S.Herold Singh For Respondents : Mr.M.Murugan Government Advocate
ORDER
This Writ Petition has been filed seeking to quash the impugned order of the third respondent, dated 25.03.2019 and also the consequential order passed by him, dated 30.04.2019, and consequently, direct the respondents not to make any recovery. 2.Mr.M.Murugan, learned Government Advocate takes notice for the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. https://hcservices.ecourts.gov.in/hcservices/
3.The learned counsel appearing for the petitioner submitted that the third respondent has passed the impugned orders without providing an opportunity to the petitioner and thereby, violated the principles of natural justice and therefore, the impugned orders are liable to be quashed.
4.The learned Government Advocate appearing for the respondents did not dispute the above said submission and a direction may be issued to the respondents to proceed afresh after providing an opportunity of hearing to the parties concerned. 5.Recording the above said submission made by the learned Government Advocate, the impugned orders of the third respondent dated 25.03.2019 and 30.04.2019 are set aside and the Writ Petition is allowed, with liberty to the third respondent to proceed afresh, in accordance with law, after providing an opportunity of hearing to the parties concerned.
No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar (CS-III) / True Copy / Sub Assistant Registrar(CS- ) smn2 To 1.The Inspector General of Registration, Tamil Nadu Registration Department, Santhome, Chennai.
2.The Personal Assistant to the Inspector General of Registration (General), Tamil Nadu Registration Department, Santhome, Chennai.
3.The District Registrar, Kanyakumari District at Nagercoil.
+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-70010[F] dated 20/06/2019 ) +1 CC to M/s.SPL GP ( SR-70652[F] dated 21/06/2019 ) W.P.(MD)No.13822 of 2019 20.06.2019 https://hcservices.ecourts.gov.in/hcservices/ ES/02.07.2019/2P/6C