S.Noordeen v. Rathinavel

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN in W.P.(MD) No.14643 of 2020 S.Noordeen ... Petitioner/Petitioner -vs1.Rathinavel District Registrar (Administration) Ramanathapuram 2.Santhanalakshmi Sub Registrar Sayalkudi Sub Registrar Office Sayalkudi, Ramanathapuram District ... Respondents/Respondents PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act praying to punish the respondents for the deliberate violation and willful disobedience of the order dated 20.11.2020 made in W.P.(MD) No.14643 of 2020, on the file of this Court. Prayer in WP(MD). 14643 of 2020 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned Order passed by the 3rd respondent in MU.Mu.No.1958/A1/2020 dated 10.09.2020 and Quash the same as illegal and further direct the 3rd respondent to conduct an enquiry.

For Petitioner :

Mr.K.P.Krishnadhas for Mr.S.Sivanesan For Respondents :

Mr.S.P.Maharajan Special Government Pleader

O R D E R

This contempt petition has been filed alleging wilful disobedience of the order, dated 20.11.2020 made in W.P.(MD) No.14643 of 2020.

2. The first respondent has filed an affidavit, dated 19.01.2022, stating that without reference to the orders passed by this Court in it's entirety and due to oversight, an erroneous order 1/3

has been passed by him and that he is ready to rectify the mistake occurred, incase the Court gives sufficient time, by passing suitable orders afresh in the light of the provisions of the Registration Act and also the Circular dated 09.07.2021 issued by the Inspector General of Registration, after scrutinizing the verbal and documentary evidence, if any, that may be submitted by the parties.

3. The learned counsel appearing for the petitioner submitted that the Government has also issued a fresh Government Order / Guidelines under the Registration Act, which may be taken into account by the Authority concerned while passing orders afresh.

4. In the light of the affidavit dated 19.01.2022 stating that due to workload and oversight, the Authority concerned has not taken into note of the observations / directions of this Court, by giving one more opportunity to the Authority concerned to pass suitable orders and taking the apology on record directing the Authority concerned to pass orders afresh, in accordance with law, after scrutinizing the documentary and verbal evidence, if any, tendered by the parties and also the Circular dated 09.07.2021 issued by the Inspector General of Registration, within a period of two months from the date of receipt of a copy of this Order, this contempt petition is closed.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) krk Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To:

1.Mr.Rathinavel The District Registrar (Administration) Ramanathapuram 2/3

2.Mrs.Santhanalakshmi The Sub Registrar Sayalkudi Sub Registrar Office Sayalkudi, Ramanathapuram District +1 CC to M/s.S.SIVANESAN, Advocate ( SR-2417[F] dated 25/01/2022 ) +1 CC to M/s.SPL.GP ( SR-2373[F] dated 25/01/2022 ) in W.P.(MD) No.14643 of 2020 24.01.2022 sp(CO) GC(10.02.2022) 3P 5C 3/3