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Madras High CourtWP(MD)/7100/2022disposed of

Mary Perpethal v. The Inspector General Of Registration

2024-02-13Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.7100 of 2022 and W.M.P(MD) No.5381 and 5382 of 2022

1. Mary Perpethal

2. Shaji ... Petitioners Vs.

1.The Inspector General of Registration, Registration Department, Chennai.

2.The District Registrar (Administration), Registration Department, Kuzhithurai.

3.The Sub - Registrar, Munchirai Sub - Registrar Office, Munchirai, Kanyakumari District.

4.Church of Our Lady of Assumption, Represented by Parish Priest, Mr. Fr. Jees Raymand, Puthukadai Post, Kanyakumari District.

... Respondents 1/4

PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorari, calling for the records relating to the proceedings No. 3946/AA/2019, dated 29.03.2022 issued by the 2nd respondent and quash the same as illegal, arbitrary and unconstitutional and also in violation of principles of natural justice.

For Petitioner : Mr.Balamohan Thampi.V.M For R1 to R3 : Mr.B.Nambiselvan, Additional Public Prosecutor

ORDER

The petitioner has filed this Writ Petition, challenging the order passed by the 2nd respondent, vide proceedings No.3946/AA/2019, dated 29.03.2022.

2. The learned counsel appearing for the petitioners would submit that as per the circular issued by the Inspector General of Registration, an effective appeal remedy is available to the petitioners before the Inspector General of Registration, hence, it would suffice, if this Court grants liberty to the Writ Petitioners to file an appeal before the Inspector General of Registration, and also permits the petitioner to canvass all those points before the Inspector General of Registration, Chennai.

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3. Considering the limited request made by the learned counsel for the petitioners, this Court is inclined to grant liberty to the petitioners to file the appeal before the Inspector General of Registration, challenging the impugned order passed by the second respondent, vide order dated 29.03.2022, as per the circular issued by the Registration Department. If such appeal is filed by the petitioners, the Inspector General of Registration, Chennai, is directed to pass appropriate orders within a period of six weeks from the date of filing of the appeal, after providing opportunity to the fourth respondent. The period, during which, this petition was pending before this Court shall stand excluded for the purpose of limitation.

4. With the above said directions, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs. 13.02.2024 (2/2) Index : Yes/No Internet : Yes/No NCC : Yes/No Indu 3/4

M.DHANDAPANI, J.

Indu To 1.The Inspector General of Registration, Registration Department, Chennai.

2.The District Registrar (Administration), Registration Department, Kuzhithurai.

3.The Sub - Registrar, Munchirai Sub - Registrar Office, Munchirai, Kanyakumari District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

W.P.(MD) No.7100 of 2022 13.02.2024 (2/2) 4/4