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Madras High CourtWP(MD)/15978/2023allowed

Vasuthevan. A v. The Inspector General Of Registration

2023-07-03Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI A.Vasudevan ... Petitioner Vs 1.The Inspector General of Registration, No.100 Santhome High Road, Chennai.

2.The Deputy Inspector General of Registration, Vandikaran Street, Ramanathapuram.

3.The District Registrar, Muthuoorani Mududku Lane, Muthupattinam, Karaikudi, Sivagangai District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings in the impugned orders passed by the second respondent in Na.Ka.No.653/AA1/2023, 1/5

dated 10.04.2023 and to quash the same as null and void, ultravires and illegal and direct to number the petitioner appeal petition dated 24.02.2023.

For Petitioner : Mr.R.Muthukumaran For Respondents : Mr.P.T.Thiraviam Government Advocate

O R D E R

The petitioner has filed an appeal on 24.02.2023 as against the order passed by the District Registrar, Karaikudi, under Section 68 and 82 of the Registration Act. The appeal papers have been returned by the impugned order dated 10.04.2023 stating that the appeal has been preferred beyond the statutory period of 60 days. Aggrieved over the same, this writ petition is filed.

2.The learned counsel appearing for the petitioner by referring the order against which, the appeal was preferred submits that the original authority/the District Registrar, Karaikudi has stated that the appeal has to be preferred before the Deputy Inspector General of 2/5

Registration, Combined Registration Department Campus, Thirumohur Road, Rajagambeeram, Othakkadai, Madurai. Believing that the petitioner has attempted to file the appeal before the concerned Deputy Inspector General of Registration and thereafter it was stated that he is not the competent authority and therefore necessary steps have been taken to file the appeal before the Inspector General of Registration. In this process of identifying the correct Appellate Authority, there was a delay.

3.Considering the reason stated by the petitioner, this writ petition is allowed and the respondents are directed to take the appeal filed by the petitioner on file and dispose of the same in accordance with law at the earliest possible time. No costs. 03.07.2023 NCC : Yes / No.

Index : Yes / No.

vrn 3/5

To 1.The Inspector General of Registration, No.100 Santhome High Road, Chennai.

2.The Deputy Inspector General of Registration, Vandikaran Street, Ramanathapuram.

3.The District Registrar, Muthuoorani Mududku Lane, Muthupattinam, Karaikudi, Sivagangai District.

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B.PUGALENDHI, J.

vrn Order made in 03.07.2023 5/5