Madras High CourtWP(MD)/24879/2022disposed of

Daniel Thomas. D v. The Principal Revenue Contorl Officer-Cum-Inspector General Of Registration,

2022-11-02Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.11.2022

CORAM

THE HONOURABLE Mrs. JUSTICE V.BHAVANI SUBBAROYAN Writ Petition (MD) No.24879 of 2022 and W.M.P.(MD)No.18978 of 2022 D.Daniel Thomas .. Petitioner

Versus

1.The Principal Revenue Control Officer-cum- Inspector General of Registration, No.100, Santhome High Road, Chennai.

2.The Special Deputy Collector (Stamps), Tirunelveli.

3.The Sub-Registrar, Nanguneri, Tirunelveli.

.. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the first respondent in Mu.Mu.No. 47761/N4/2021, dated 27.01.2022, quash the same and consequently, direct the respondents to release the registered sale deed, bearing Document No.1409 of 2019, dated 11.11.2019.

For Petitioner :

Mr.H.Arumugam For Respondents :

Mr.S.R.A.Ramachandran Additional Government Pleader 1/4

ORDER

The petitioner has prayed for issuance of a Writ of Certiorarified Mandamus, to quash the impugned order of the first respondent in Mu.Mu.No. 47761/N4/2021, dated 27.01.2022, and consequently, direct the respondents to release the registered sale deed, bearing Document No.1409 of 2019, dated 11.11.2019.

2.Heard Mr.H.Arumugam, learned counsel appearing for the petitioner and Mr.S.R.A.Ramachandran, learned Additional Government Pleader, who takes notice for the respondents. By consent of both sides, the Writ Petition is taken up for final disposal at the admission stage itself. 3.Being satisfied with the reasons stated in the affidavit filed in support of the Writ Petition for condonation of delay in filing the appeal on 18.11.2021, against the order dated 27.10.2020, this Court is inclined to set aside the order passed by the first respondent, dated 27.01.2022. Accordingly, the impugned order of the first respondent, dated 27.01.2022, is set aside and the matter is remitted back to the first respondent to consider the same afresh and pass appropriate orders on the petitioner's appeal, dated 18.11.2021. 2/4

4.This Writ Petition stands disposed of with the above direction. No costs. It is made clear that the petitioner has to abide by the decision to be taken as per law in the matter on remand. Consequently, connected W.M.P. is closed.

Index : Yes/No 02.11.2022 smn2 To 1.The Principal Revenue Control Officer-cum- Inspector General of Registration, No.100, Santhome High Road, Chennai.

2.The Special Deputy Collector (Stamps), Tirunelveli.

3.The Sub-Registrar, Nanguneri, Tirunelveli.

3/4

V.BHAVANI SUBBAROYAN, J.

smn2 Order made in 02.11.2022 4/4