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Madras High CourtWP/4213/2018disposed of

E.Gunasekaran, v. The District Registrar,

2018-02-26Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2018

CORAM:

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.4213 of 2018 and WMP No.5160 of 2018 E.Gunasekaran

...Petitioner

Vs 1.The District Registrar, Sub Registrar's Office, Saidapet, Chennai.

2.The Sub Registrar, Paddappai Sub-Registration Office, Old No.88, New No.113, Pushpagiri Main Road, Padappai, Chennai 601 301.

...Respondents

Prayer:-Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus to direct the second respondent to correct their records with regard to the petitioner's deed of family settlement dated 09.03.2009 bearing Doc.No.786/2009 by correcting the Survey Number as No.366/B1 after striking out the wrong survey No.96/2B4 presently found in the records.

For Petitioner :

M/s.M.Santhanamari For Respondents:

Mr.E.Balamurugan Special Government Pleader

ORDER

Mr.E.Balamurugan, learned Special Government Pleader takes notice for the respondents. By consent of parties, the writ petition is taken up for final disposal.

2.The petitioner seeks for a Mandamus directing the second respondent to correct entry in the encumbrance record maintained by the respondents in respect of the subject matter property by correcting the survey number of the property as 366/B1 instead of 96/2B4 presently found in the records.

https://hcservices.ecourts.gov.in/hcservices/

2. According to the petitioner, though the original entry was made with correct survey number, its subsequent entry altered the survey number without notice to the petitioner. 3.This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the respondents to consider and decide. Since the petitioner had already made a representation on 13.01.2018 seeking for making such correction, it is for the respondents to consider the said representation and pass orders on the same on merits and in accordance with law. Accordingly, this writ petition is disposed of by directing the second respondent to consider the representation of the petitioner dated 13.01.2018 and pass orders on the same on merits and in accordance with law, after giving an opportunity of hearing to the petitioner and other interested parties if any, within a period of four weeks from the date of receipt of a copy of this order. No costs. The connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar vri To 1.The District Registrar, Sub Registrar's Office, Saidapet, Chennai.

2.The Sub Registrar, Paddappai Sub-Registration Office, Old No.88, New No.113, Pushpagiri Main Road, Padappai, Chennai 601 301.

+1cc to Mr.E.J.AYYAAPPAN, Advocate, S.R.No. 14961 +1cc to the Government Pleader, S.R.No.15392 W.P.No.4213 of 2018 TR(08/03/2018) https://hcservices.ecourts.gov.in/hcservices/