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Madras High CourtWP/20295/2024allowed

Renuka v. The Deputy Director (Hub -2(3)

2025-01-09Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 09.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 20295 of 2024 & W.M.P. Nos. 22223 & 22220 of 2024 1.Renuka 2.V.Raghavan

...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, then new sale deed in 1/6

favour of new vendor in respect of the petitioners property more specifically Plot No R4, measuring an extent of 1040 square feet, comprised in survey No 579/2 part, patta No 2334 as per patta new sub division survey No 579 / 2A1A1A1 part, New Patta No 14600 in the layout named Sri Sai Avenue comprised S. Nos 579/1, 579/2, 580/1, 580/2, 580/3 and 582/2B measuring to an extent of 7.59 Acres, situate at No. 9 Nedungundram vilalge, Chengalpattu Taluk, Kancheepuram district unbiased by the attachment order passed vide F No ECIR / 04 / DLZO -II / 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 Cancellation of the Memorandum of Deposit of Title 2/6

Deeds, then new sale deed in favour of new vendor in respect of the petitioners property more specifically Plot No R4, measuring an extent of 1040 square feet, comprised in survey No 579/2 part, patta No 2334 as per patta new sub division survey No 579 / 2A1A1A1 part, New Patta No 14600 in the layout named Sri Sai Avenue comprised S. Nos 579/1, 579/2, 580/1, 580/2, 580/3 and 582/2B measuring to an extent of 7.59 Acres, situate at No. 9 Nedungundram vilalge, Chengalpattu Taluk, Kancheepuram 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. 3/6

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 representation 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. 20295 of 2024 09.01.2025 6/6