R.Chandrasekar, v. The Inspector General Of Registration,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE PARESH UPADHYAY and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P.(MD) No. 3891 of 2022 R.Chandrasekar .. Appellant/Writ Petitioner Vs 1.The Inspector General of Registration, O/o. The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.

2.The District Registrar (Administration), Additional Incharge, Pattukottai, Thanjavur District.

.. Respondents/Respondents Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 11.02.2022 made in W.P.(MD) No. 2869 of 2022. Prayer in WP(MD). 2869 OF 2022 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of certiorari calling for the records pertaining to the impugned order passed by the 2nd respondent vide his proceedings in No.3695/A1/2021, dated 13.01.2022 and quash the same as illegal and pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice. For Appellant :

Mr.M.Ajmalkhan, Senior Counsel for M/s.Ajmal Associates For Respondents :

Mr.Veera Kathiravan, Additional Advocate General, assisted by Mr.S.R.A.Ramachandran, Additional Government Pleader.

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JUDGMENT

[Delivered by PARESH UPADHYAY, J.] Challenge in this appeal is made to the order dated 11 February 2022 recorded on W.P(MD) No.2869 of 2022. This appeal is by the writ petitioner.

2. Mr.M.Ajmal Khan, learned Senior Advocate for the petitioner has, at the outset, fairly submitted that, the grievance of the appellant is limited to the observations contained in para:9 of the order under challenge. It is submitted that, so far the dismissal of the writ petition is concerned, that part is not challenged in this appeal.

3. For this limited purpose, we have heard Mr.M.Ajmal Khan, learned Senior Advocate for the petitioner and Mr.Veera Kathiravan, learned Additional Advocate General, assisted by Mr.S.R.A.Ramachandran, learned Additional Government Pleader for the authorities.

4. The Government can not have any say on this appeal, so far the dismissal of the writ petition stands as it is. Keeping this in view, we have examined the necessity of observations in para:9 of the order under challenge vis-a-vis the prayer sought in the writ petition. On conjoint consideration of this, we find that, while deciding the writ petition which has ultimately culminated in dismissal thereof, the observations in para:9 were not required. This is more so, when the writ petitioner is to attain the age of superannuation in the month of June 2022. We also note that, as an off shoot of the said para:9, one person had sent complaint to this Court, which had culminated in suo motu W.P(MD) No.5237 of 2022 and the said petition was dismissed by this Court vide order darted 05 April 2022.

5. Considering the totality, we find that, no interference is required in the order dated 11 February 2022 so far it rejects the writ petition, however the said order is modified by expunging para:9 thereof.

6. This appeal is disposed of in above terms. No costs. Consequently, connected Miscellaneous Petitions would not survive. Sd/- Assistant Registrar (RTI) // True Copy // / /2022 Sub Assistant Registrar(CS) pkn/8 2/3

To:- 1.The Inspector General of Registration, O/o. The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.

2.The District Registrar (Administration), Additional Incharge, Pattukottai, Thanjavur District.

+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-22873[F] dated 29/04/2022 ) +1 CC to M/s.SPL.GP ( SR-22353[F] dated 28/04/2022 ) W.A(MD)No.384 of 2022 27.04.2022 nsn(CO) GC(11.05.2022) 3P 5C 3/3