The High Court dismissed a writ petition seeking direction to dispose of an appeal regarding a settlement deed. The court held that since the governing Circular was withdrawn, the petitioner's remedy lies only in a Civil Court, and the writ petition was not entertained.
Writ of Mandamus dismissed; relief sought to dispose of appeal not granted.
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: 27.11.2020 CORAM : The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.40020 of 2016
N. Sarasu
... Petitioner
v.
1.The Inspector General of Registration, O/o Inspector General of Registration, No.100, Santhome High Road,
Chennai – 600 028.
2.The District Registrar,
Office of the District Registrar (Administration), Chamber No.3, Salem West,
Salem District.
Salem District.
... Respondents
Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus directing the 1st respondent to dispose of the Appeal preferred on 18.07.2016 by the petitioner.
For Petitioner : Mr. G. Pugazhenthi For Respondents : Mr. B. Kannan, Government Advocate
O R D E R
The petitioner has filed the above Writ Petition to issue a Writ of Mandamus directing the 1st respondent to dispose of the Appeal preferred on 18.07.2016, within a time frame.
Page 1/2
observed that the petitioner should approach only a competent Civil Court. As against the order passed by the District Register, the petitioner preferred an appeal before the 1st respondent on 18.07.2016. After filing of the appeal, dated 18.07.2016, the Government had withdrawn Circular No.67 on 08.11.2017.
Assistant Registrar
/true copy/
Sub Asst. Registrar
Rj
To
1.The Inspector General of Registration, O/o Inspector General of Registration, No.100, Santhome High Road,
Chennai – 600 028.
2.The District Registrar,
Office of the District Registrar (Administration),
Chamber No.3, Salem West, Salem District.
W.P.No.40020 of 2016
aa08/12/2020
Page 2/2
1 issue framed by the court
Whether the High Court can issue a writ directing the Registration Authorities to dispose of an appeal when the governing Circular has been withdrawn.
N. Sarasu
Inspector General of Registration
District Registrar
Sub Registrar
M. Duraiswamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
