Sahaya Jessy, v. The Inspector Of Registration,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.9711 of 2016 and W.M.P.(MD)No.7716 of 2016 Sahaya Jessy ... Petitioner Vs 1.The Inspector of Registration, 120, Santhome High Road, Chennai - 600 028.
2.The Special Deputy Collector (Stamps), Kokkirakulam, Tirunelveli - 9, Tirunelveli District.
3.The Sub-Registrar, Nagercoil No.I-Joint Registrar Office, Nagercoil, Kanyakumari District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records relating to proceedings in K/K/vz;.40530 /N5/2015, dated 10.03.2016 of the 1st respondent and to quash the same and directing the respondents to release the sale deed registered as 1429/2013, dated 06.05.2013 to the petitioner. For Petitioner : Mr.M.R.Sreenivasan For Respondents : Mr.M.Murugan Government Advocate
ORDER
The petitioner filed an appeal under Section 47-A (5) of Indian Stamp Act, 1899 before the first respondent. There was delay in filing the said appeal. Since the appeal was filed beyond the time limit of two months, the first respondent chose to dismiss the petitioner's appeal at the condone delay stage itself. The said order is under challenge in this writ petition. 2.I am of the view that the petitioner's appeal deserved to be disposed of on merits. I am satisfied that the petitioner has given satisfactory and sufficient reasons for condoning the delay occasioned in filing the appeal. In view of this matter, the order impugned in this writ petition is set aside and the writ petition stands allowed. Since the writ petition is of the year https://hcservices.ecourts.gov.in/hcservices/
2016, the first respondent is directed to dispose of the petitioner's appeal on merits and in accordance with law within a period of six months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (ADI) // True Copy // Sub Assistant Registrar(CS) To:
1.The Inspector of Registration, 120, Santhome High Road, Chennai - 600 028.
2.The Special Deputy Collector (Stamps), Kokkirakulam, Tirunelveli - 9, Tirunelveli District.
3.The Sub-Registrar, Nagercoil No.I-Joint Registrar Office, Nagercoil, Kanyakumari District.
+1 cc to Mr. M.R.Srinivasan, Advocate SR.No.56658 +1 cc to The Special Government Pleader Sr.No.56940 ias W.P.(MD)No.9711 of 2016 25.03.2019 KM/(10.04.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/