Mr.I.Mohamed Shafi, v. The Inspector General

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.1015 of 2017 I.Mohamed Shafi .. Petitioner Vs.

1. The Inspector General of Registration, No.100, Santhome High Road, Pattinapakkam, Chennai - 600 028.

2. The Sub Registrar, Office of the Sub-Registrar, Avadi, Chennai - 600 054.

.. Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the 2nd respondent to consider petitioner's representation dated 30.12.2016.

For Petitioner : Mr.B.Elayaraja For Respondents : Mr.D.Surayanarayanan Additional Government Pleader.

O R D E R

The petitioner seeks for a direction to the second respondent to consider his representation dated 30.12.2016, wherein and whereby, he sought for removal of entry in the encumbrance certificate in respect of subject matter property, by contending that the Power of Attorney executed by him in favour of some third party on 04.03.2015 has been subsequently cancelled by way of a registered document on 11.03.2016 and therefore, the encumbrance records maintained by the second respondent should be corrected accordingly.

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2. The grievance of the petitioner is that the said representation has not been considered so far.

3. Admittedly, the petitioner has not impleaded the persons in whose favour the power was originally given and has been cancelled subsequently, as party respondents in this writ petition. However, as this Court is not expressing any view on the claim made by the petitioner and inclined to dispose of the writ petition only by directing the second respondent to consider the representation of the petitioner and pass orders on the same on merits and in accordance with law, this writ petition is disposed of accordingly, by directing the second respondent to consider the representation of the petitioner dated 30.12.2016 and pass orders on the same on merits and in accordance with law after hearing the petitioner as well as other interested persons. Such exercise shall be done by the second respondent within a period of eight weeks form the date of receipt of a coy of this order. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar vsi To

1. The Inspector General of Registration, No.100, Santhome High Road, Pattinapakkam, Chennai - 600 028.

2. The Sub Registrar, Office of the Sub-Registrar, Avadi, Chennai - 600 054.

+1 cc to Mr.B.Ilayaraj Advocate sr 1267 +1 cc to the Govt Pleader sr 1438 W.P.No.1015 of 2017 gjII(co) aa09/01/2018 https://hcservices.ecourts.gov.in/hcservices/