V.Padma v. Sub Registrar Periamet
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 05.06.2025
CORAM
THE HON'BLE Mr. JUSTICE MOHAMMED SHAFFIQ V.Padma ... Petitioner Vs.
1.Sub Registrar, Periamet, Periamet Registrar Office, No.1103, Poonamallee High Road, Periamet, Chennai - 600 003.
2.Inspector General of Registrations, No.100, Santhome High Road, Raja Annamalaipuram, Chennai - 600 028.
3.The Inspector of Police, Crime Branch CID, Metro-I, Egmore, Chennai - 600 008.
4.Assistant Director, Directorate of Enforcement Government of India, Ministry of Finance, Government of India, 2nd and 3rd Floor, Murugesa Naicker Complex, No.84, Greams Road, Thousand Lights, Chennai - 600 006.
... Respondents 1/7
Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent Periamet Sub Registrar to remove the attachments against two of the properties owned by the petitioner, namely the Residential Property situated at Survey No.63/3 Part of Egmore Village with Municipal Door No.56/75, Aspiran Garden 2nd Street, Kilpauk Chennai - 600 010, purchased by the petitioner through a registered sale deed dated 08.11.2006 registered as document number 2646 of 2006 in Book-I of Periamet Sub Registrar Office, and the residential apartment with 133/1000 undivided share of land located in Survey No.65/13, Block No 5 of Egmore Village with Municipal Door No.85 and Old Door No 89, Aspiran Garden Second Street, Kilpauk, Chennai - 600 010, purchased by the petitioner through a registered sale deed dated 14.09.2007 registered as document number 2057 of 2007 in Book-I of Periamet Sub Registrar Office and to allow the petitioner to enjoy her properties without any let, hindrance or encumbrances.
For Petitioner : Mr.Dasnavis Chandra Bose for M/s.T.Renu For Respondents 1 & 2 : Mr.Abishek Murthy, Government Advocate For Respondent 3 : Mr.R.Kishore Kumar, Government Advocate (Crl.side) 2/7
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
2. The present writ petition is filed praying for a writ of mandamus to direct the first respondent Periamet Sub Registrar to remove the attachments against two of the properties owned by the petitioner, namely the Residential Property situated at Survey No.63/3 Part of Egmore Village with Municipal Door No.56/75, Aspiran Garden 2nd Street, Kilpauk Chennai - 600 010, purchased by the petitioner through a registered sale deed dated 08.11.2006 registered as document number 2646 of 2006 in Book-I of Periamet Sub Registrar Office, and the residential apartment with 133/1000 undivided share of land located in Survey No.65/13, Block No 5 of Egmore Village with Municipal Door No.85 and Old Door No 89, Aspiran Garden Second Street, Kilpauk, Chennai - 600 010, purchased by the petitioner through a registered sale deed dated 14.09.2007 registered as document number 2057 of 2007 in Book-I of Periamet Sub Registrar Office. 3/7
3. It is submitted by the learned counsel for the petitioner that there was an attachment of petitioner's property by the Enforcement Director. The criminal complaint in C.C.No.3876 of 2009 against the petitioner was quashed by allowing Crl.O.P.No.30144 of 2019, dated 02.10.2020. Thus, the prayer sought for in Crl.O.P.No.24461 of 2016 to appoint an Advocate Commissioner to consider all the complaints and the legitimate claims in the said C.C.No.3876 of 2009 has become infructuous. Pursuant thereto, the petitioner had issued a series of legal notice, requesting the respondents 1 and 2 to lift the attachment. However, the same was not considered. Aggrieved by the same, the petitioner has come before this Court.
4. At the outset, it is submitted by the learned Government Advocate for respondents 1 & 2 that the petitioner may submit a fresh representation along with the relevant documents, the same will be considered and orders will be passed after issuing notice and hearing the petitioner and any other interested parties/rival claimants, within a time 4/7
frame that may be fixed by this Court, which was agreed to by the learned counsel for petitioner.
5. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the official respondents, to consider the representation, which will be submitted by the petitioner along with relevant documents, copy of this order and any other judicial orders to consider the same, on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner and any other interested persons, and also putting the petitioner and any other interested persons including the authorities that attached the petitioner's property on notice, within a period of four (4) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views with regard to the merits of the representations and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law. 5/7
6. Accordingly, the writ petition stands disposed of. There shall be no order as to costs.
05.06.2025 Speaking/Non-speaking order Index : Yes / No vm To:
1.Sub Registrar, Periamet, Periamet Registrar Office, No.1103, Poonamallee High Road, Periamet, Chennai - 600 003.
2.Inspector General of Registrations, No.100, Santhome High Road, Raja Annamalaipuram, Chennai - 600 028.
3.The Inspector of Police, Crime Branch CID, Metro-I, Egmore, Chennai - 600 008.
4.Assistant Director, Directorate of Enforcement Government of India, Ministry of Finance, Government of India, 2nd and 3rd Floor, Murugesa Naicker Complex, No.84, Greams Road, Thousand Lights, Chennai - 600 006.
6/7
MOHAMMED SHAFFIQ. J.
vm 05.06.2025 7/7