I.Siva Gnana Moorthy v. The Deputy Director(Hiu-2(3)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 09.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 18078 of 2024 & W.M.P.No. 19880 of 2024 I. Siva Gnana Moorthy

...Petitioner

Vs.

1.The Deputy Director (HIU - 2(3)) Directorate of Enforcement, New Delhi.

2.The Sub-Registrar, Office of Sub-Registrar, Tambaram

...Respondents

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus, directing the 2nd respondent to register the Cancellation of the Memorandum of Deposit of Title Deeds in respect of the petitioners property more specifically plot bearing No.l2, measuring 970 sq.ft 1/6

comprised in Survey No.580/1 part, Old patta No.2334, New Patta No.12641,as per Patta New Sub division survey No.580/43 in the layout named Sri Sai Avenue Comprised S.No.579/1,579/2,580/2,582/3 and 582/2b measuring to an extent of 7.59 acres, situated at No.9, Nedungundram village, Chengalpattu District unbiased by the attachment order F.No.ECIR/04/DLZOII/2018 passed by the 1st respondent. For Petitioner :

Mr. D.Saikumarran For Respondent 1:

Mr. Rajnish Pathiyil SPP ED For Respondent 2:

Mr. B.Vijay Additional Government Pleader.

O R D E R

The Writ Petition is filed for the following relief: "To direct the 2nd respondent to register the Cancellation of the Memorandum of Deposit of Title 2/6

Deeds in respect of the petitioners property more specifically plot bearing No.l2, measuring 970 sq.ft comprised in Survey No.580/1 part, Old patta No.2334, New Patta No.12641,as per Patta New Sub division survey No.580/43 in the layout named Sri Sai Avenue Comprised S.No.579/1,579/2,580/2,582/3 and 582/2b measuring to an extent of 7.59 acres, situated at No.9, Nedungundram village, Chengalpattu District unbiased by the attachment order F.No.ECIR/04/DLZO-II/2018 passed by the 1st respondent".

2. A counter has been filed by the 1st respondent. In paragraph No.iv of the counter affidavit, the 1st respondent has stated that the subject property has not been provisionally attached.

3. Therefore, there is no impediment for registration. The Writ Petition is allowed. The 2nd respondent is directed to register the document, within a period of 2 weeks, from the date of its re3/6

presentation by the petitioner. Consequently, the connected miscellaneous petition is closed. No costs.

09.01.2025 Index : Yes/No Internet : Yes/No kan 4/6

To 1.The Deputy Director (HIU - 2(3)) Directorate of Enforcement, New Delhi.

2.The Sub-Registrar, Office of Sub-Registrar, Tambaram 5/6

P.T. ASHA, J, kan W.P.No. 18078 of 2024 09.01.2025 6/6