D.Karthikeyan 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.M.P. Nos. 19482 & 19483 of 2024

1. D.Karthikeyan

2. P.Shanmuga Priya

...Petitioners

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, new sale deed in respect of the petitioner's property more specifically plot bearing no.j-5, 1/5

measuring an extent of 1095 sq. Ft comprised in survey no.580/2 part, under old patta no.1515, new patta no.11875 as per patta old subdivision survey no.580/2a part, now new sub division survey no.580/2a1a1 part in the layout named "sri sai avenue" comprised s.no. 579/1, 579/2, 580/1, 580/2, 582/3 and 582/2b measuring to an extent of 7.59 acres, situated at no.9, Nedungundram Village, Chengalpattu Taluk, Kancheepuram District, unbiased by the attachment order passed vide F.no. ECIR / 04/ DLZO-II/ 2018/ 3084, 3082 dated 15.02.2022.

For Petitioners :

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 deeds, new sale deed in respect of the petitioner's property more specifically plot bearing no.j-5, measuring an extent of 2/5

1095 sq. Ft comprised in survey no.580/2 part, under old patta no.1515, new patta no.11875 as per patta old subdivision survey no.580/2a part, now new sub division survey no.580/2a1a1 part in the layout named "sri sai avenue" comprised s.no. 579/1, 579/2, 580/1, 580/2, 582/3 and 582/2b measuring to an extent of 7.59 acres, situated at no.9, Nedungundram Village, Chengalpattu Taluk, Kancheepuram District, unbiased by the attachment order passed vide F.no. ECIR / 04/ DLZO-II/ 2018/ 3084, 3082 dated 15.02.2022".

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 re3/5

presentation by the petitioner. Consequently, the connected miscellaneous petitions are closed. No costs. 09.01.2025 Index : Yes/No Internet : Yes/No kan To 1.The Deputy Director (HIU - 2(3)) Directorate of Enforcement, New Delhi.

2.The Sub-Registrar, Office of Sub-Registrar, Tambaram 4/5

P.T. ASHA, J, kan 09.01.2025 5/5