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Madras High CourtWP(MD)/12123/2022dismissed

Mayakkal v. The Inspector General Of Registration

2024-11-26Honourable Mr Justice G.K. Ilanthiraiyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.(MD)No.8619 of 2022 Mayakkal ... Petitioner /Vs./

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

2. The District Registrar Madurai South,

3. The Sub-Registrar Chekkanoorani Taluk,

4. Boominathan

5. Tamilarasan.N

6. Murugesan

7. Ameer

8. Pothumani

9. Rajeshkumar.T

10. Malathi.M .. Respondents 1/4

P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the second respondent dated 28/04/2022 in proceedings Na.Ka.No. 4050/B2/2021 on the file of the second respondent quash the same as the same is arbitrary ultravires in colourable exercise of power contrary to the principles of natural justice Audi Alteram Partem in violation of the circular No.41530/U1/2017 dated 25.03.2022 passed by the first respondent and consequentially direct the second respondent to conduct an enquiry afresh affording sufficient opportunity to petitioner to substantiate her case.

For Petitioner : Mr.R.G.Shankar Ganesh For Respondents : Mr.M.Sarangan Additional Government Pleader for R1-3

ORDER

This Writ Petition has been filed to quash the proceedings in Na.Ka.No.4050/B2/2021 on the file of the second respondent, dated 28/04/2022 and consequentially direct the second respondent to conduct an enquiry afresh affording sufficient opportunity to petitioner. 2/4

2. Heard the learned counsel on either side.

3. In view of the order passed by the Hon'ble Full Bench of this Court, in the case of Sasikala Vs. The Revenue Divisional Officer cum Sub Collector and Others reported in AIR-2022-MAD-323, the second respondent has no power to cancel the document. Therefore, this Court finds that there is no infirmity or illegality in the order passed by the second respondent. Hence, this Writ Petition is dismissed. The petitioner is at liberty to approach the appropriate civil Court. No costs. Consequently, connected Miscellaneous Petition is closed. 26.11.2024 Internet : Yes/No NCC : Yes / No Index : Yes/No LS TO:-

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

2. The District Registrar Madurai South, 3/4

G.K.ILANTHIRAIYAN , J.

LS

3. The Sub-Registrar Chekkanoorani Taluk, Order made in Dated:

26.11.2024 4/4