Idayaraja. S v. The Deputy Inspector General Of Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and W.M.P(MD)No.158 of 2023 S.Idhayaraja ... Petitioner Vs.

1.The Deputy Inspector General of Registrar, Office of the Deputy Registrar, Ya.Othakadai, Madurai.

2.The District Registrar (Administration), Office of the District Registrar, Madurai South.

3.The Sub Registrar Joint No.IV, O/o. Joint Sub Registrar, Madurai South.

4.T.Seethapathy .. Respondents 1/5

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of the 2nd respondent impugned order of the 2nd respondent in Na.Ka.No.3271/Aa2/2021 dated at 16.03.2022 and corrected order dated at 12.04.2022 quash and the same subsequently the 1st respondent pertaining to Appeal No.5693/Aa4/2022 with pending disposal of appeal.

For Petitioner : Mr.V.Madurai Veeran For Respondents : Mr.M.Prakash - for R1 to R3 Additional Government Pleader Mr.S.Maheshbabu - for R4

O R D E R

Questioning the impugned order, the petitioner has filed an appeal before the first respondent / Deputy Inspector General of Registration, Othakadi, Madurai.

2. Since the issue is now pending before the Appellate Authority, it may not be appropriate on the part of this Court to examine 2/5

the issue on merits. One of the grounds raised by the learned counsel for the petitioner among other grounds is that notice was not served by the Original Authority, whose order is questioned by the petitioner herein. It is also stated that the petitioner was not heard.

3. Let these grounds also be additionally taken in the grounds of appeal, if not already taken and if they are taken, a direction is given to the first respondent to call for the records and examine them and pass orders not only on these grounds, but also on merits in the appeal. The entire exercise must be completed on or before 30.09.2023.

4. With the above direction, the Writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

16.06.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No RM 3/5

To 1.The Deputy Inspector General of Registrar, Office of the Deputy Registrar, Ya.Othakadai, Madurai.

2.The District Registrar (Administration), Office of the District Registrar, Madurai South.

3.The Sub Registrar Joint No.IV, O/o. Joint Sub Registrar, Madurai South.

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C.V.KARTHIKEYAN, J.

RM 16.06.2023 5/5