Madras High CourtWP(MD)/6761/2022disposed of

Pala. Ramanathan v. The Deputy Inspector General Of Registration

2022-04-12Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.6761 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.6761 of 2022 Pala.Ramanathan ... Petitioner Vs.

The Deputy Inspector General of Registration, The Combined Complex of Registration Department, Thirumokoor Road, Rajakambeeram, Othakadai, Madurai.

... Respondent P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to dispose of petitioner's appeal dated 10.02.2022 on merits after due notice to the parties and in the manner known to law within the time stipulated by this Court.

For Petitioner : Mr.Babu Rajendran For Respondent : Mr.J.John Rajadurai Government Advocate

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction for early disposal of the petitioner's statutory appeal filed on 10.02.2022, under Section 69 of the Registration Act, 1908, within a time frame to be fixed by this Court. 2.According to the petitioner, aggrieved by the order of the District Registrar, the petitioner has filed the aforementioned statutory appeal before the respondent on 10.02.2022, under Section 69 of the Registration Act. It is the contention of the petitioner that by applying an irrelevant circular of the Inspector General of Registration, the District Registrar passed an order on the petitioner's representation. Aggrieved by the same, the petitioner has filed the statutory appeal before the respondent on 10.02.2022 under Section 69 of the Registration Act.

The petitioner in the affidavit filed in support of this writ petition has quoted the circulars which are applicable for the case on hand. According to him, the District Registrar had applied a wrong circular. It is for the respondent to consider the petitioner's submission on merits and in accordance with law and pass final orders thereafter, after affording a fair hearing to the petitioner.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.6761 of 2022 3.Heard Mr.Babu Rajendran, learned Counsel for the writ petitioner and Mr.J.John Rajadurai, learned Government Advocate who accepts notice on behalf of the respondent.

4.No prejudice would be caused to the respondent if the statutory appeal filed by the petitioner on 10.02.2022 under Section 69 of the Registration Act is considered on merits and in accordance with law within a time frame to be fixed by this Court, after affording a fair hearing to the petitioner.

5.For the foregoing reasons, this Court directs the respondent to pass final orders on the petitioner's statutory appeal dated 10.02.2022 on merits and in accordance with law after affording a fair hearing to the petitioner including granting him the right of personal hearing within a period of three [3] months from the date of receipt of a copy of this order, in the light of the circulars issued by the Inspector General of Registration, which are relied on by the petitioner.

6.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To The Deputy Inspector General of Registration, The Combined Complex of Registration Department, Thirumokoor Road, Rajakambeeram, Othakadai, Madurai.

+1 CC to M/s.BABU RAJENDRAN, Advocate (SR-18291[F] dated 12/04/2022 ) W.P.[MD]No.6761 of 2022 12.04.2022 RK(26/04/2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2