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Madras High CourtWP(MD)/15525/2016disposed of

M.Sakkaraipandi v. The Inspector General Of

2023-01-23Honourable Mr Justice K.Kumaresh Babu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.P(MD)No.15525 of 2016 M.Sakkaraipandi ..... Petitioner - Vs1. The Inspector General of Registration, Registration Department, Chennai.

2. The District Registrar, Virudhunagar District, Virudhunagar.

3. The Sub Registrar, Office of the Sub Registrar, Aruppukkottai, Virudhunagar District.

4. The Sub Registrar, Office of the Joint II-Sub Registrar, Virudhunagar.

5. M.Baskaran

6. M.Rajasingh

7. B.Kalavalli ... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, direct the second respondent to enquire the D.No.7182/2011 and D.No.2931/2014 registered in the respondents' No.3 and 4 office respectively and consequently endorse the same in the registry of the said offices based on the petitioner's representation, dated 30.06.2016, in the light of the Circular No.67, dated 03.11.2011 issued by the first respondent and based on the petitioner's representation dated 30.06.2016.

For Petitioner : Mr.T.Selvan For Respondents : Mr.M.Ramesh Government Advocate (for -R-1 to R-4) : Mr.V.Perumal (For R-5 to R7)

ORDER

The present Writ Petition has been filed seeking for a Writ of Mandamus, direct the second respondent to enquire the D.No.7182/2011 and D.No.2931/2014 registered in the respondents' No.3 and 4 office respectively and consequently endorse the same in the registry of the said offices based on the petitioner's representation, dated 30.06.2016, in the 2/5

light of the Circular No.67, dated 03.11.2011 issued by the first respondent and based on the petitioner's representation dated 30.06.2016.

2. The Mandamus sought for is based on Circular No.67 which has been quashed by the Hon'ble Apex Court. The State of Tamil Nadu has also brought amendment by inserting Section 77-A of Tamil Nadu Registration Act.

3. Considering the limited prayer sought for in this Writ Petition, the petitioner is permitted to approach the second respondent herein, by filing appropriate application under Section 77-A of the Tamil Nadu Registration Act. On filing such application, the second respondent shall after issuance of notice to all the necessary parties concerned and after affording an opportunity to them and pass appropriate orders on merits and in accordance with law as expeditiously as possible.

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4. In view of the above said observation, this Writ Petition is disposed of. There shall be no order as to costs.

23.01.2023 NCC: Yes / No Index :

Yes / No Internet :

Yes / No ebsi To

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

2. The District Registrar, Virudhunagar District, Virudhunagar.

3. The Sub Registrar, Office of the Sub Registrar, Aruppukkottai, Virudhunagar District.

4. The Sub Registrar, Office of the Joint II-Sub Registrar, Virudhunagar.

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K.KUMARESH BABU, J.

ebsi Order made in W.P(MD)No.15525 of 2016 23.01.2023 5/5