Mrs.V.Alamelu v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.08.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.21571 of 2017 V.Alamelu ... Petitioner Vs.

1. The District Registrar (Administration), Office of the District Registrar, Vellore, Vellore District.

2. The Joint-II Sub Registrar, Office of the Joint-II Sub Registrar, Arakonam, Vellore District.

... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the 1st respondent to consider and pass orders on the application of the petitioner dated 16.06.2017 applied for asking necessary steps against the fraudulent cancellation deed as early as possible. For Petitioner : Mr.V.R.Appaswamee For Respondent : Mr.S.N.Parthasarathi, Government Advocate

O R D E R

Mr.S.N.Parthasarathi, learned Government Advocate takes notice for the respondents. By consent, the main writ petition is taken up for disposal at the admission stage itself. 2.The petitioner has filed the above Writ Petition to issue a writ of mandamus directing the 1st respondent to consider the application of the petitioner dated 16.06.2017 seeking necessary action against the fraudulent Cancellation Deed. 3.The learned counsel appearing for the petitioner submitted that it would be suffice to direct the 1st respondent to consider the petitioner's representation dated 16.06.2017 and pass orders in accordance with law.

4.Mr.S.N.Parthasarathi, learned Government Advocate appearing for the respondents submitted that the entry in the https://hcservices.ecourts.gov.in/hcservices/

Encumbrance Certificate cannot be cancelled, however, the 1st respondent may be directed to consider the petitioner's representation and pass suitable orders in accordance with law, after giving notice to all the interested parties. 5.In view of the submissions made by the learned counsel on either side, without expressing any opinion with regard to the merits of the case, I direct the 1st respondent to consider the petitioner's application dated 16.06.2017 and pass suitable orders, after giving notice to all the interested parties, within a period of eight weeks from the date of receipt of a copy of this order.

6.With these observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar va To

1. The District Registrar (Administration), Office of the District Registrar, Vellore, Vellore District.

2. The Joint-II Sub Registrar, Office of the Joint-II Sub Registrar, Arakonam, Vellore District.

+2cc's to M/s.V.R.Appaswamee, Advocate, S.R.No.58589 W.P.No.21571 of 2017 MSM(CO) CU(22/08/2017) https://hcservices.ecourts.gov.in/hcservices/