1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:05.09.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)No.8308 of 2011 and M.P(MD)Nos.1 and 2 of 2011 Usilampatty Nattathi Nadargal Uravinmuraikku Pathiyamana Nadar Saraswathy Higher Secondary School and Primary School Paribalana Sabai, Usilampatty(Reg. No.35/61) rep. by its Secretary B.Jeyarajan, having its office at T B Road, Usilampatty 625 532. .. Petitioner Vs. 1.The Inspector General of Registration, Santhome High Road, Chennai 600 028. 2.The District Registrar, Periyakulam. 3.Mr.G.Subramanian .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the order passed by the Inspector General of Registration in his proceedings No.33154/I-1/(*)2011, dated 20.07.(*)2011 and the District Registrar, Periyakulam, passed in his proceedings in Na.Ka.No.1067/A2/2009-1, dated 21.07.2011 and quash the same as illegal beside ultra vires. For Petitioner : Mr.R.Viduthalai(SC) for Mr.V.Jayachandran For R-1 & R-2 : Mr.TR.Janarthanam Additional Govt. Pleader For R-3 : Mr.C.Selvaraju(SC) O R D E R This Writ Petition has been filed to quash the order passed by the Inspector General of Registration in his proceedings No.33154/I-1/(*) 2011, dated 20.07.(*)2011 and the order of the District Registrar, Periyakulam, passed in his proceedings in Na.Ka.No.1067/A2/2009-1, dated 21.07.2011. 2. Heard Mr.R.Viduthalali learned Senior appearing for Mr.Mr.V.Jayachandran, learned counsel for the petitioner and Mr.TR.Janarthanam, learned Additional Government Pleader appearing for R- 1 and R-2 and Mr.C.Selvaraju, learned Senior Counsel appearing for R-3. 3. By consent, the Writ Petition itself is taken up for final hearing. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The impugned order dated 20.07.(*)2011 is challenged primarily on the ground that the petitioner Society has not been given an opportunity of being heard at the time of passing the order. This contention is not disputed by the third respondent or by the first respondent represented by the learned Additional Government Pleader. 5. On the short ground, the impugned order dated 20.07.(*)2011 passed by the Inspector General of Registration is set aside and the matter is remitted back to him for re-consideration. Both the parties are entitled to raise all legal plea before the authority. Since the impugned order dated 20.07.(*)2011 passed by the Inspector General of Registration has been set aside, the consequential order dated 21.07.2011 passed by the District Registrar, Periyakulam is also set aside. The first respondent- Inspector General of Registration is directed to re-consider the matter, on its own merits and in accordance with law, as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order. 7. The Writ Petition is ordered as above. No Costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (AS) (*)Amended as per the order of this court dated 16.09.2011 in MP.3 of 2011 /True copy/ Sub Assistant Registrar To: To be substituted for the order already despatched on 07.09.2011. 1.The Inspector General of Registration, Santhome High Road, Chennai 600 028. 2.The District Registrar, Periyakulam. +1CC TO MR.V.JAYACHANDRAN, ADVOCATE SR.29934 +1CC TO MR.V.PANNEERSELVAM, ADVOCATE SR.30025 Pm SR : 07.09.2011 : 2p/5c : IT W.P.(MD)No.8308 of 2011 and MP(MD)Nos.1 & 2 of 2011 05.09.2011 RP/19.09.2011/2P/5C. https://hcservices.ecourts.gov.in/hcservices/