Muthaiah Chettiar v. The Deputy Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.11.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W.P. (MD) No.25631 of 2022 Muthaiah Chettiyar ... Petitioner Vs.

1.The Deputy Inspector General of Registration, Rajakambeeram, Y.Othakadai, Madurai-625 107.

2.The District Registrar, The District Registration Department, Virudhunagar, Virudhunagar District.

... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the first respondent to dispose and pass final orders in the petitioner's appeal in Ref.No.9227/Aa4/2022 within a time frame as stipulated by this Court. For Petitioners : Mr.S.Ramasamy For R1 & R2 : Ms.S.Jayapriya Government Advocate

ORDER

This Writ Petition has been filed seeking issuance of writ of Mandamus to direct the first respondent to dispose and pass final orders in the petitioner's 1/4

appeal in Ref.No.9227/Aa4/2022 within a time frame as stipulated by this Court.

2.It is the case of the petitioner that the property purchased by the father of the petitioner was wrongly included in the sale deed executed in favour of one Thayammal on 29.08.1980. But the patta for the said property stood in the name of the petitioner and his brother. On coming to know about the wrong entry, the petitioner made a representation to the second respondent seeking to cancel the wrong inclusion of the petitioner's property and the same was dismissed by the second respondent directing the petitioner to get remedy before het competent Court. Aggrieved over the same, the petitioner filed an appeal before he first respondent. But the same is still pending without any consideration.

3.Heard the learned counsel appearing on either side. By consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

4. No prejudice would be caused to the respondents, if the petitioner's appeal is disposed of, within a time frame to be fixed by this Court, after affording a fair hearing to the petitioner and the rival claimants. 2/4

5. Accordingly, this Court directs the first respondent to dispose of the appeal filed by the petitioner in Ref.No.9227/Aa4/2022, dated 10.09.2022 and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and the rival claimants, if any, within a period of sixteen (16) weeks from the date of receipt of a copy of this order. 6.With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.

11.11.2022 Index : Yes/No Internet : Yes/No ta 3/4

V.BHAVANI SUBBAROYAN, J.

ta To 1.The Deputy Inspector General of Registration, Rajakambeeram, Y.Othakadai, Madurai-625 107.

2.The District Registrar, The District Registration Department, Virudhunagar, Virudhunagar District.

Order made in W.P.(MD) No.25631 of 2022 11.11.2022 4/4