M.Kavitha v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.5.2015 CORAM :

THE HONOURABLE MR.JUSTICE V.DHANAPALAN W.P.No.15304 of 2015 and M.P.No.1 of 2015 M.Kavitha ... Petitioner vs.

1. The District Registrar, Registration Department, Krishnagiri District, Krishnagiri.

2. The Sub-Registrar, Office of the Sub-Registrar, Pochampalli, Krishnagiri District.

3. The Revenue Divisional Officer, Revenue Division, Krishnagiri.

4. The Tahsildhar, Pochampalli Taluk, Pochampalli, Krishnagiri District.

5. P.Muruganantham ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to rectify the wrong entry made in Sl.No.9, Schedule 10 of the Encumbrance Certificate of the Property in S.No.225/2A4, Jingal Kathirampatty Village, Pochampalli Taluk, Krishnagiri District by considering petitioner's application dated 11.05.2015 within stipulated time.

For Petitioner : Mr.Jothimanian for Mr.K.Balu For Respondents: Mr.V.Jayaprakash Narayanan 1 to 4 Special Government Pleader

O R D E R

By consent, the Writ Petition itself is taken up for final disposal.

2. Heard Mr.Jothimanian, learned Counsel appearing for the petitioner and Mr.Jayaprakash Narayanan, learned Special Government Pleader appearing for respondents 1 to 4. In view of the limited prayer sought for in this Writ Petition, no notice is required to be given to the 5th respondent.

3. Though the petitioner has sought for a direction to the respondents 1 and 2 to rectify the wrong entry made in Sl.No.9, Schedule 10 of the Encumbrance Certificate in respect of of the property in S.No.225/2A4, Jingal Kathirampatty Village, Pochampalli Taluk, Krishnagiri District, the learned Counsel for the petitioner would now make a plea that the petitioner would be satisfied, if her application dated 11.5.2015 is ordered to be considered.

4. The learned Special Government Pleader for respondents 1 to 4 would submit that after giving notice to all the parties concerned including the 5th respondent, the first respondent may be directed to dispose of the application of the petitioner, within a time limit.

5. It is also informed at the time of hearing by the learned Special Government Pleader that a communication dated 07.05.2015 has been received from the 1st respondent as to the enquiry to be held on 18.05.2015 after giving notice to all the parties, including the 5th respondent.

6. In the light of the above stated position and having regard to the facts and circumstances of the case and the submissions made by the learned Counsel on either side, without expressing any opinion on merits, I direct the 1st respondent to consider the petitioner's application dated 11.05.2015 after giving notice to all the parties concerned, particularly, to the 5th respondent herein, and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this Order.

7. Accordingly, the Writ Petition is disposed of. No order as to costs.

Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar

To

1. The District Registrar, Registration Department, Krishnagiri District, Krishnagiri.

2. The Sub-Registrar, Office of the Sub-Registrar, Pochampalli, Krishnagiri District.

3. The Revenue Divisional Officer, Revenue Division, Krishnagiri.

4. The Tahsildhar, Pochampalli Taluk, Pochampalli, Krishnagiri District.

+1 cc to Mr.K.Balu, Advocate,SR.25501.

+1 cc to Government Pleader,SR.25574.

rj(co) krd 4/6 W.P.No.15304 of 2015