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Madras High CourtWP/6308/2014disposed of

S.H.Syed Asiff, v. The Sub Registrar,

2018-02-16Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.6308 of 2014 S.H.Syed Asiff S/o S.K.Syed Habeed, 17/8, 5th Cross Street (West) Vidhya Nagar, Ammapet, Salem - 636 003.

rep. By its Power Agent of Mr.Syed Habib Syed Ariff .. Petitioner Vs.

1. The Sub-Registrar, Omalur-636 455 Salem District.

2. The Assistant Commissioner, O/o Commercial Tax Office, Omalur - 636 455, Salem District.

(R2-impleaded as per order dt. 11.4.2014 by BRJ in MP.1/14 in W.P.6308/14) .. Respondents Prayer:

Writ petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondent to cancel the encumbrance entry in the official registry with regard to Survey No.83/5 in Kottagoundampatti Village, Omalur.

For Petitioner: Mr.C.Samivel For Respondents: Mr.R.Govindasamy, Special Government Pleader.

O R D E R

The petitioner seeks for cancellation of the encumbrance made in the Register maintained by the first respondent in respect of subject matter property.

According to the https://hcservices.ecourts.gov.in/hcservices/

petitioner, such entry was made in the encumbrance register by mistake.

2. Admittedly, the petitioner has made a representation on 20.09.2013 seeking for deletion of entry which is not considered by the respondents so far. 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 first respondent to consider and decide. Therefore, this writ petition is disposed of only by directing the first respondent to consider the petitioner's representation dated 20.09.2013 and pass orders on merits and in accordance with law after hearing the petitioner as well as the 2nd respondent. Such exercise shall be done by the first respondent within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar vsi To

1. The Sub-Registrar, Omalur-636 455 Salem District.

2. The Assistant Commissioner, O/o Commercial tax Office, Omalur - 636 455, Salem District.

+ 1 cc to Mr.C.Samivel Advocate,SR.12216 + 1 cc to The Govt.Pleader, SR.12496 W.P.No.6308 of 2014 nr 27/02/2018 https://hcservices.ecourts.gov.in/hcservices/