Mohamed Yakub v. The Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.16505 of 2019 Mohamed Yakub ... Petitioner -Vs1.The Inspector General of Registration, O/o.the Inspector General of Registration, No.100, Santhome High Road, Foreshore Estate, Chennai - 28.

2.The Deputy Inspector General of Registration, Combined Registration Office Campus, Rajagambiram, Thirumohur Road, Othakadai, Madurai District.

3.The District Registrar (Admin), O/o.the District Registrar, Sivagangai District.

4.The Sub Registrar, O/o.The Sub Registrar, Paramakudi, Ramanahtapuram District.

... Respondents Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondent No.2 to dispose the petitioner's appeal dated 09.07.2019 within the time frame fix by this Court.

For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.M.Murugan, G.A.

ORDER

The prayer in this writ petition is for a Writ of Mandamus, directing the respondent No.2 to dispose of the petitioner's appeal dated 09.07.2019 within the time frame to be fixed by this Court. 2.Heard Mr.S.M.A.Jinnah, learned counsel appearing for the petitioner and Mr.M.Murugan, learned Government Advocate appearing for the respondents.

3.The petitioner seems to have given a complaint to the District Registrar (Administration), Sivagangai District, the 3rd respondent herein, with regard to the land grabbing of the petitioner's land and the same has been enquired and rejected by an order of the 3rd respondent dated 20.05.2019. As against which, the

petitioner preferred an appeal to the 2nd respondent on 09.07.2019. Hence, the learned counsel appearing for the petitioner would submit that, if the said appeal preferred by the petitioner pending before the 2nd respondent is decided on merits, within a time frame to be stipulated by this Court, the petitioner would be satisfied. 4.I have heard the learned Government Advocate appearing for the respondents, who would submit that, the said appeal filed by the petitioner pending before the 2nd respondent would be decided on merits and orders would be passed thereon, on merits, within a time frame.

5.Considering the limited scope of the prayer sought for in this writ petition, with the consent of both the parties, this Court is inclined to dispose of this writ petition, at the admission stage itself, with the following direction:

"The 2nd respondent is hereby directed to decide the appeal filed by the petitioner dated 09.07.2019 against the order of the 3rd respondent dated 20.05.2019 and pass orders thereon, on merits and in accordance with law, after affording an opportunity of being heard to the parties, if necessary and the final order shall be passed, within a period of eight weeks from the date of receipt of a copy of this order."

6.With this direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) To 1.The Inspector General of Registration, O/o.the Inspector General of Registration, No.100, Santhome High Road, Foreshore Estate, Chennai - 28.

2.The Deputy Inspector General of Registration, Combined Registration Office Campus, Rajagambiram, Thirumohur Road, Othakadai, Madurai District.

3.The District Registrar (Admin), O/o.the District Registrar, Sivagangai District.

4.The Sub Registrar, O/o.The Sub Registrar, Paramakudi, Ramanahtapuram District.

+1 CC to Mr.S.M.A.JINNAH, Advocate ( SR-77547[F] dated 25/07/2019 ) +1 CC to SPL GP ( SR-77993[F] dated 26/07/2019 ) Order made in W.P.(MD)No.16505 of 2019 Dated:25.07.2019 arul MK (09.09.2019) 3P 7C