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Madras High CourtWP/15290/2022disposed of

Mrs. V. Devika Rani Alias V.R.Dhevika v. Thulasi Ammal

2022-06-22Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.06.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI

1. V.Devika Rani @ V.R.Dhevika

2. K.Venkatraman @ E.K.Venkatram

3. K.Alamelu Mangai ......Petitioners vs.

1. Thulasi Ammal

2. Shri Ram City Finance Ltd., Rep. By its Managing Director, No.123, Angappa Naicken Street, Chennai-1.

3. The Sub Regsitrar, Purasawalkam, Chennai-7.

.. Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, to issue an order or direction or Writ and in particular Writ in the nature of a Writ of Mandamus directing the 3rd respondent to incorporate the order in W.P.No.27277 of 2019 dated 03.12.2019 in all the records of the 3rd respondent's office including the encumbrance register and certificates pertaining to the property at New No.2, (old No.11) Subbaraya Chetty 4th Street, Nammalwarpet, Chennai-12.

For Petitioner : Mr. Srinivas For Mythili Srinivas For Respondents : Mr.Yogesh Kanndasan Special Government Pleader

ORDER

The petitioner has filed this petition seeking a direction to the 3rd respondent to incorporate the order in W.P.No.27277 of 2019 dated 03.12.2019 in all the records of the 3rd respondent's office including the encumbrance register and certificates pertaining to the property at New No.2, (old No.11) Subbaraya Chetty 4th Street, Nammalwarpet, Chennai-12.

2. The facts of the case are as follows:

The first petitioner is the daughter of the first respondent. The first respondent initiated the settlement deed in favour of the first petitioner vide document No.1435 of 2012 dated 09.04.2012 out of love and affection. Subsequently, the first respondent had cancelled the same on 21.04.2016. Challenging the said cancellation, the petitioners filed a writ petition before this Court in W.P.No.27277 of 2019 and this Court, vide its order dated 03.12.2019, allowed the writ petition and cancelled the unilateral

cancellation deed dated 21.04.2016 executed by the first respondent. However, the revenue officials have not incorporate the order of this Court in the revenue records so far. Hence, the petitioner filed the present writ petition before this Court for appropriate remedy.

3. The learned counsel for the petitioners submitted that this Court may permit the petitioners to present the copy of the order in W.P.No.27277 of 2019 before the respondents for registration and after receipt of the necessary documents, this Court may direct the third respondent to register the same in favour of the petitioners within the reasonable time as fixed by this Court.

4. The learned Special Government Pleader have no serious objection as the contention raised by the petitioners.

5. Heard the learned counsel for the petitioners and the learned Special Government Pleader appearing on behalf of the respondents and perused the materials available on record. There is no adverse order passed

against the respondents 1 & 2 and hence, their presence is dispensed with.

6. Considering the facts and circumstances of the case and also of the fact that this Court had directed recording certain information in the registered document vide its order dated 03.12.2019 in WP.No.27277 of 2019, this Court directs the 3rd respondent to record and register the order in W.P.No.27277 of 2019 dated 03.12.2019 with regard to the subject property within a period of six weeks from the date of receipt of a copy of this order.

7. With the above directions, the writ petition is disposed of. No costs.

22.06.2022 rli Index : Yes / No Internet : Yes / No To The Sub Regsitrar, Purasawalkam, Chennai-7.

M.DHANDAPANI, J.

Rli Dated : 22.06.2022