Dash Prakash 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. 18532 of 2024 & W.M.P.No. 20309 of 2024 Dash Prakash

...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 Mortgage deed for new construction loan in respect of the petitioners property more specifically plot bearing No.C3, measuring 1467 sqft comprised in survey No.582/3, under patta No.2334 as per patta old sub-division 1/6

survey no.582/3A1 now new sub division survey No. 582/3A1A1 part in the layout named Sri Sai Avenue comprised S.Nos.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, Nedungudram Village, Chengalpattu Taluk, Kancheepuram District now in Vandalur Taluk, Chengalpattu district unbiased by the attachment order passed vide F.No.ECIR/ 04/ DLZOII/ 2018 dated 15.02.2022. 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 Mortgage deed for new construction loan in respect of the petitioners property more specifically plot bearing No.C3, measuring 1467 sqft comprised in survey No.582/3, under 2/6

patta No.2334 as per patta old sub-division survey no.582/3A1 now new sub division survey No. 582/3A1A1 part in the layout named Sri Sai Avenue comprised S.Nos.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, Nedungudram Village, Chengalpattu Taluk, Kancheepuram District now in Vandalur Taluk, Chengalpattu district unbiased by the attachment order passed vide F.No.ECIR/ 04/ DLZO-II/ 2018 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 re3/6

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. 18532 of 2024 09.01.2025 6/6