Madras High Court
P.Haridoss vs The Inspector General Of Registration on 10 November, 2022
Author: R.Mahadevan
Bench: R.Mahadevan, J.Sathya Narayana Prasad
W.P.(MD)No.25570 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.11.2022
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
and
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P(MD)No.25570 of 2022
P.Haridoss ... Petitioner
Vs.
1.The Inspector General of Registration,
No. 100, Santhome High Road,
Mullima Nagar, Mandavelipakkam,
Raja Annamalai Puram,
Chennai – 28.
2.The Additional Inspector General of Registration,
No. 100, Santhome High Road,
Mullima Nagar, Mandavelipakkam,
Raja Annamalai Puram,
Chennai – 28.
3.The Deputy Inspector General of Registration,
Integrated Complex of Registration Department,
TNAU Nagar,
Rajakampeeram,
Y.Othakadai,
Madurai – 107.
4.The District Registrar (Administration),
Integrated Complex of Registration Department,
TNAU Nagar,
Rajakampeeram,
Y.Othakadai,
Madurai – 107.
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W.P.(MD)No.25570 of 2022
5.The Sub Registrar,
Office of the Sub Registrar,
Melur,
Madurai District. ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India,
praying to issue a Writ of Mandamus, to direct the Respondents 1 to
4 to take appropriate action as against the 5th Respondent for
violation of Rule 15 of regularization of Unapproved Plots and
Layouts Rules 2017 issued in G.O.Ms.No.78 Housing and Urban
Development (UD4(3)) Department dated 04.05.2017 to curb the
practice of registering unapproved plots and layouts by considering
the petitioner's representation dated 25.10.2022 within the period
that may be stipulated by this Hon'ble Court.
For Petitioner : Mr.V.Karthikraja
For Respondents : Mr.Veera Kathiravan
Additional Advocate General – III,
Assisted by
Mr.S.R.A.Ramachandran,
Additional Government Pleader
***
ORDER
(Order of the Court was made by R.MAHADEVAN, J.) The petitioner has come forward with this writ petition praying to issue a Writ of Mandamus, directing the respondents 1 to 4 to take appropriate action against the 5th respondent for violation of Rule 15 of regularization of Unapproved Plots and Layouts Rules 2017 issued in G.O.Ms.No.78 Housing and Urban 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.25570 of 2022 Development (UD4(3)) Department dated 04.05.2017 to curb the practice of registering unapproved plots and layouts by considering his representation dated 25.10.2022 within a time frame.
2. Heard Mr.V.Karthikraja, learned counsel for the petitioner, Mr.Veera Kathiravan, learned Additional Advocate General – III, Assisted by Mr.S.R.A.Ramachandran, learned Additional Government Pleader, who accepts notice on behalf of the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3. Alleging that the 5th respondent is continuously registering the sale deeds in respect of un-approved plots and layouts without getting DTCP approval in violation of Rule 15 of regularization of Unapproved Plots and Layouts Rules 2017 issued in G.O.Ms.No.78, Housing and Urban Development (UD4(3)) Department, dated 04.05.2017, the petitioner made a representation dated 25.10.2022 to the third respondent, and the same, according to the learned counsel for the petitioner, remains as such. Hence, the Writ Petition.
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4. Learned counsel for the petitioner would further submit that though the petitioner has sought for a larger relief, he would be satisfied, if a direction is issued to the third respondent to dispose of his representation dated 25.10.2022, within a time frame.
5. Learned Additional Advocate General appearing for the the respondents, on instructions, submitted that the representation of the petitioner will be considered and disposed of by the third respondent within a period of twelve weeks.
6. Considering the limited scope of the prayer now sought for by the petitioner and the submission of the learned Additional Advocate General appearing for the respondents, without expressing any opinion on the merits of the claim made by the petitioner, either in the representation or in the affidavit filed in support of the Writ Petition, this Writ Petition is disposed of with a direction to the 3rd respondent to consider the representation of the petitioner dated 25.10.2022, and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, the 5th respondent and any other parties 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.25570 of 2022 concerned. Such an exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. No costs.
[R.M.D., J.] [J.S.N.P., J.]
10.11.2022
Internet : Yes / No
Index : Yes / No
sj
To
1.The Inspector General of Registration, No. 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai – 28.
2.The Additional Inspector General of Registration, No. 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai – 28.
3.The Deputy Inspector General of Registration, Integrated Complex of Registration Department, TNAU Nagar, Rajakampeeram, Y.Othakadai, Madurai – 107.
4.The District Registrar (Administration), Integrated Complex of Registration Department, TNAU Nagar, Rajakampeeram, Y.Othakadai, Madurai – 107.
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and J.SATHYA NARAYANA PRASAD, J.
sj
5.The Sub Registrar, Office of the Sub Registrar, Melur, Madurai District.
W.P(MD)No.25570 of 2022
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