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Madras High CourtWP(MD)/8692/2021disposed of

Pandian v. The District Registrar

2021-04-28Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD).No.8692 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.8692 of 2021 Pandian

...Petitioner

Vs.

1. The District Registrar, Palayamkottai, Tirunelveli District.

2. The Sub Registrar, Ettayapuram Sub Registrar Office, Thoothukudi District.

... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to dispose of the statutory appeal preferred by the petitioner in Appeal No.1 of 2018, challenging the order of the second respondent, dated 28.12.2017, within a stipulated time as fixed by this Court. For Petitioner : Mr.T.Lenin Kumar For R-1 & R-2 : Mr.K.Sathiyasingh Additional Government Pleader

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the first respondent to dispose of the appeal preferred by the petitioner in Appeal No.1 of 2018 within the time limit fixed by this Court.

2. The case of the petitioner is that the sale deed that was presented for registration before the second respondent was refused to be registered and an order came to be passed by the second respondent on 28.12.2017. Aggrieved by the same, an appeal was filed before the first respondent and it is pending in Appeal No.1 of 2018. The grievance of the petitioner is that the appeal has not been taken up for hearing and hence, the present Writ Petition has been filed seeking for a direction to the first respondent to dispose of the appeal within the time prescribed by this Court.

3. Heard Mr.T.Lenin Kumar, learned counsel appearing on behalf of the petitioner and Mr.K.Sathiya Singh, learned Additional https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.8692 of 2021 Government Pleader appearing on behalf of the respondents.

4. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the first respondent to dispose of the appeal pending in Appeal No.01 of 2018 in accordance with law, within a period of eight (08) weeks from the date of receipt of a copy of this order, after affording opportunity to all parties concerned.

5. The petitioner is directed to make a fresh representation to the first respondent along with all the relevant documents and also a copy of this order.

6. The Writ Petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The District Registrar, Palayamkottai, Tirunelveli District.

2. The Sub Registrar, Ettayapuram Sub Registrar Office, Thoothukudi District.

+1 CC to M/s.AGP ( SR-18058[F] dated 29/04/2021 ) +1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-17977[F] dated 29/04/2021 ) W.P(MD) NO. 8692 of 2021 28.04.2021 AS(10.06.2021)3P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2