Madhavan v. The District Registrar (Administration)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD)Nos.23281 & 23282 of 2024 Madhavan ... Petitioner Vs.

1.The District Registrar (Administration) Tenkasi District, Tenkasi.

2.T.Govindasamy

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records relating to the impugned order passed by the first respondent in Na.Ka.No.1177/Aa2/2022 dated 30.05.2022 and quash the same as illegal.

For Petitioner : Mr.M.Jerin Mathew For R1 : Mr.D.Sadiq Raja Additional Government Pleader

O R D E R

This writ petition has been filed challenging the order passed by the first respondent, dated 30.05.2022.

1/4

2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

4. On perusal of the order, dated 30.05.2022 revealed that the first respondent specifically stated that if any grievance over the order passed, the petitioner is at liberty to file an appeal before the appellate authority, within 60 days.

5. Accordingly, the petitioner preferred an appeal before the Deputy Inspector General of Registration, Palayamkottai and it is pending without passing any orders.

6. In view of the above, the appeal is pending before the appellate authority. When the appeal is pending as against the order passed by the first respondent, once again the petitioner cannot challenge the same order. Therefore, the writ petition cannot be entertained when the appeal is pending before the appellate authority.

2/4

7. In view of the above, the Deputy Inspector General of Registration, Palayamkottai is directed to dispose of the appeal filed by the petitioner and pass orders on merits and in accordance with law, after giving an opportunity of hearing to the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order, if not already disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Internet : Yes Index : Yes/No 18.11.2024 Speaking/Non Speaking order am To The District Registrar (Administration) Tenkasi District, Tenkasi.

Copy To The Deputy Inspector General of Registration, Palayamkottai, Tirunelveli District.

3/4

G.K.ILANTHIRAIYAN, J.

am 18.11.2024 4/4