The High Court quashed an order stopping a registration appeal, held that a stay on prosecution did not bar civil proceedings, and directed the registration authority to dispose of the appeal within eight weeks.
Impugned letter dated 16.12.2015 quashed; 1st respondent directed to dispose of appeal within eight weeks by affording personal hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.03.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH
and
WMP. No. 1459 of 2016
S. Saritha ... Petitioner vs. 1 The Inspector General of Registration Santhome High Road Chennai – 600 028 2 The District Registrar Salem West Salem. ... Respondents
Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the impugned letter dated 16.12.2015 made in No. 55624/U1/2015 on the file of the 1st respondent and quash the same and direct the 1st respondent to take up the petitioner appeal dated 16.12.2015 filed before him against order dated 24.11.2015 made in No. 4926/B1/2015 passed by the 2nd respondent and dispose of the same in accordance with law within the time limit as fixed by this Court.
ORDER
The petitioner had come up with the present writ petition for a Certiorarified Mandamus, calling for the impugned letter dated 16.12.2015 made in No. 55624/U1/2015 on the file of the 1st respondent and quash the same and direct the 1st respondent to take up the petitioner appeal dated 16.12.2015 filed before him against order dated 24.11.2015 made in No. 4926/B1/2015 passed by the 2nd respondent and dispose of the same in accordance with law within the stipulated time.
Sd/Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
To
1 The Inspector General of Registration
Santhome High Road
Chennai – 600 028.
2 The District Registrar
Salem West, Salem.
+1cc to Mr.V.J.Arulraj, Advocate, S.R.No.13095
+1cc to the Government Pleader Sr.13242
W. P. No. 1678 of 2016
and
WMP. No. 1459 of 2016
cnr(CO)
srg(02/03/2016)
3 issues framed by the court
Whether the stay order in M.P. No. 1 of 2012 in W.A. No. 1382 of 2012 acts as an impediment to the disposal of the registration appeal by the 1st respondent.
Whether the impugned letter stopping the registration appeal proceedings should be quashed.
Whether the 1st respondent is directed to dispose of the petitioner's appeal within a stipulated time frame by affording a personal hearing.
2 provisions across 2 enactments
S. Saritha
The Inspector General of Registration
The District Registrar Salem
R. Subbiah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
