S.Yegappan v. The Inspector General Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P(MD)No.1 of 2015 S.Yegappan ... Petitioner Vs.

1.The Inspector General of Registration, Chennai - 600 028.

2.The District Registrar (Admin), Madurai (South), Palace Road, Madurai - 1.

3.Singaram 4.S.Chandran ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order of the second respondent in ref.No. 3683/AA1/13 dated 18.07.2013 and the consequently impugned order of the second respondent in Moo.Mu.No.1543/AA1/2014 dated 20.03.2014 and the quash the same and consequently directing the second respondent 1/4

herein to conduct enquiry on the representaiton of the petitioner dated 27.06.2013 under the Registration Act and as per the Circular No.67 dated 03.11.2011 issued by the first respondent herein against the respondents 3 & 4 herein, within a reasonable time. For Petitioner : Mr.S.Srinivasa Raghavan For Respondents : Mr.S.Shanmugavel Additional Government Pleader for R.1 and R.2 Ms.M.Jansi Rani for R.3

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for the official respondents.

2. The petitioner invoking circular 67 dated 03.11.2011 wanted the second respondent to nullify the petition mentioned documents.

3. The second respondent declined to do so and relegated the petitioner to move the jurisdictional civil Court. The issue between the petitioner on the one hand and the private respondents on the other is the subject matter of O.S.No.40 of 2013 on the file of the District Court, 2/4

Sivagangai. It is not in dispute that Circular No.67 has been withdrawn. The orders passed thereunder have been directed to be recalled. In this view of the matter, the order impugned in this writ petition is set aside. The resultant effect is vacating of the findings set out therein. However, this Court cannot give any positive relief in favour of the petitioner. The petitioner has to necessarily pursue his remedy in the pending partition suit to which he is a party.

4. With this liberty to the petitioner and leaving open all his contentions, this writ petition is partly allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 15.09.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To 1.The Inspector General of Registration, Chennai - 600 028.

2.The District Registrar (Admin), Madurai (South), Palace Road, Madurai - 1.

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G.R.SWAMINATHAN,J.

MGA Copy to The District Court, Sivagangai.

and M.P(MD)No.1 of 2015 15.09.2023 4/4