M/S.Vaisakhi Bio-Marine Pvt Ltd., v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.03.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M/s.Vaisakhi Bio-marine Pvt Ltd., Rep. By Its General Manager, S.Ramesh, Kaipeni Kuppam, Marakkanam, Tindivanam (tk), Viluppuram District.
Petitioner(s) Vs
1. The Inspector General Of Registration, No.100, Santhome High Road, Patinapakkam, Chennai-600 028.
2.The District Registrar, Tindivanam, 63/A, Perumal Kovil St, Near Icici Bank, Tindivanam-604 001.
3.The Sub Registrar Office Of The Sub Registrar, No.1/1, Sannathi Street, Marakkanam, Tindivanam, Villupuram District-604 303.
Respondent(s) Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the 3rd respondent to consider the petitioner's representation dated 30.12.2024 and consequently direct the 3rd respondent to insert the entry in the Encumbrance Certificate in furtherance to the Implementation of the 1/4
order passed in W.P.No.25918 of 2024 dated 11.11.2024. For Petitioner : Mr.C.N.Prathana For Respondents : Mr.U.Baranidharan Special Government Pleader *****
O R D E R
This writ petition has been filed seeking issuance of a writ of mandamus directing the third respondent to consider the representation made by the petitioner on 30.12.2024 and to make necessary entry in the encumbrance register pursuant to the order passed by this Court in W.P.No.25918 of 2024 dated 11.11.2024.
2. Heard Mr.C.N.Prathana, learned counsel for petitioner and Mr.U.Baranidharan, learned Special Government Pleader appearing for respondents.
3. The sale deed executed in favour of the petitioner came to be cancelled by the third respondent in exercise of power under Section 77A of the Registration Act. The same was put to challenge before this Court in W.P.No.25918 of 2024 and the said writ petition was allowed in the following terms:
"3. In the light of the judgment of the Division Bench 2/4
in M.Kathirvel Vs. Inspector General of Registration reported in (2024) 4 CTC 769 wherein this Court has held Section 77A of the Registration Act to be unconstitutional and unworkable, the impugned order has to necessarily be set aside as the cancellation is under Section 77A of the Registration Act."
4. The grievance of the petitioner is that even after the order was passed by this Court, necessary entry was not made in the encumbrance register and the representation made by the petitioner in this regard also did not evoke any response. It is under these circumstances, the present writ petition came to be filed before this Court.
5. Taking into consideration the facts and circumstances of the case and taking note of the earlier order passed by this Court in W.P.No.25918 of 2024 dated 11.11.2024, there shall be a direction to the third respondent to make necessary entry in the encumbrance register by taking note of the order passed in W.P.No.25918 of 2024 dated 11.11.2024 and this process shall be completed by the third respondent within a period of two (2) weeks from the date of receipt of a copy of this order.
N.ANAND VENKATESH, J gm This writ petition is disposed of with the above direction. No 3/4
costs.
24.03.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To
1. The Inspector General Of Registration, No.100, Santhome High Road, Patinapakkam, Chennai-600 028.
2.The District Registrar, Tindivanam, 63/A, Perumal Kovil St, Near Icici Bank, Tindivanam-604 001.
3.The Sub Registrar Office Of The Sub Registrar, No.1/1, Sannathi Street, Marakkanam, Tindivanam, Villupuram District-604 303.
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