Palaniappan, v. A.Gunasekaran,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2021

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MRS.JUSTICE S.KANNAMMAL and C.M.P(MD)No.1235 of 2017 Palaniappan ... Appellants/4th Respondent Vs.

1.A.Gunasekaran ... 1st Respondent/Petitioner

2. The Inspector General of Registration, Department of Registration, Pattinapakkam, Chennai.

3. The District Registrar (Administration), Registration Department, Dindigul.

4.The Sub-Registrar, Nilakkottai, Dindigul District.

... Respondents 2 to 4/ Respondents 1 to 3 Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set aside the order, dated 07.10.2016 made in W.P(MD)No.19565 of 2016 on the file of this Court.

Prayer in WP(MD). 19565/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 1st respondent to consider the Petitioner's representation dated 31.08.2016.

For Appellant : Mr.M.Saravanan For R - 1 : Mr.R.Murali For RR 2 to 4 : Mr.K.Sathiya Singh, Additional Government Pleader.

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JUDGMENT

(Judgment of the Court was delivered by PUSHPA SATHYANARAYANA,J.) This Writ Appeal is directed against the order, dated 07.10.2016 passed in W.P(MD)No.19565 of 2016. 2.Originally, the said Writ Petition was filed for a Mandamus, seeking a direction to the first respondent-the Inspector General of Registration to consider the writ petitioner's representation, dated 31.08.2016, by one A.Gunasekaran, who is the first respondent / writ petitioner. The said Writ Petition was disposed of on 07.10.2016, directing the authorities to consider the representation of the first respondent / writ petitioner, dated 31.08.2016. Challenging the same, the appellant, who is the brother of the first respondent / writ petitioner and was arrayed as fourth respondent in the Writ Petition, has preferred the present Writ Appeal.

3.The learned Additional Government Pleader appearing for the respondents 2 to 4, on instructions, submitted that pursuant to the order of the learned Single Judge, the representation of the first respondent / writ petitioner was considered and an order was passed by the District Registrar, Dindigul on 03.02.2017. Not accepting the said order for various reasons best known to the appellant / fourth respondent, he had given compliant to the Inspector General of Registration on 02.05.2019. Based on which, the earlier order, dated 03.02.2017, was withdrawn and a fresh order was passed on 28.06.2019, which is in favour of the appellant / fourth respondent. There has been subsequent civil suit filed by the first respondent / writ petitioner against the appellant / fourth respondent.

4.Considering the scope of the Writ Petition and the Writ Appeal and the order passed in the Writ Petition had already been acted upon, nothing survives for further adjudication in this Writ Appeal.

5.In view of the above, this Writ Appeal is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS ) 2/3

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

2. The District Registrar (Administration), Registration Department, Dindigul.

3. The Sub-Registrar, Nilakkottai, Dindigul District.

+1 CC to The Special Government Pleader ( SR-2338[F] dated 29/01/2021 ) +1 CC to Mr.R.SUBRAMANIAN, Advocate ( SR-2312[F] dated 29/01/2021) +1 CC to Mr.R.MURALI, Advocate ( SR-2438[F] dated 29/01/2021 ) 27.01.2021 ps AE (05/02/2021) 3P / 7C 3/3