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Madras High CourtWP/19279/2020disposed of

E.Subramaniam v. The Inspector General Of Registration

2020-12-21Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2020 CORAM :

THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.NO.19279 OF 2020 E.Subramaniam ... Petitioner v.

1. The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028, Tamil Nadu.

2. The District Registrar - Admn., Chennai - South, SIDCO Electronic Complex Block 111, Thiru vi Ka Industrial Estate, Guindy, Chennai - 600 032.

Tamil Nadu.

3. The Sub Registrar - Velachery, 38, 3rd Main Road, Ram Nagar, Jaganathapuram, Velacherry, Chennai - 600 042.

4. R.SudeshRajan ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus directing the 2nd respondent to conduct enquiry based on the representation of the petitioner dated 21.03.2020 in the light of the circular issued by the Inspector General of Registration, Chennai, dated 31.07.2018, bearing No.41530/U1/2017 and pass appropriate orders for removal of the entries in the Encumbrance Certificate in respect of the property to an extent of 3187 square feet of vacant land in Plot No.132 (Survey No.171 of Velachery Village, Saidapet Taluk, Chengalpattu District) approved by DTP in LPDM/DDTP No.260/72) in "VGP Dr. Seethapathy Nagar", Velachery, Chennai, within the stipulated time.

For Petitioner : Mr.N.Umapathy For Respondents : Mr.P.P.Purushothaman, Government Advocate - R1 to R3

O R D E R

The petitioner has filed the above Writ Petition to issue a Writ of Mandamus directing the 2nd respondent to conduct enquiry based on the representation of the petitioner dated 21.03.2020 in the light of the circular issued by the Inspector General of Registration, Chennai, dated 31.07.2018 and pass appropriate orders for removal of the entries in the Encumbrance Certificate in respect of the property measuring an extent of 3187 square feet of vacant land in Plot No.132 (Survey No.171 of Velachery Village, Saidapet Taluk, Chengalpattu District.

2. Mr.N.Umapathy, learned counsel appearing for the petitioner submitted that pursuant to the representation dated 21.03.2020, the 2nd respondent had issued notice to the parties on 20.07.2020 calling upon the petitioner to appear for enquiry on 07.08.2020, however, the 2nd respondent has not passed any order sofar.

3. Mr.P.P.Purushothaman, learned Government Advocate appearing for the respondents 1 to 3 submitted that the 2nd respondent may be directed to complete the enquiry within a time frame.

4. The learned counsel appearing for the petitioner also submitted that it would be suffice to direct the 2nd respondent to complete the enquiry and pass orders, within a time frame.

5. Having regard to the submissions made by the learned counsel on either side, I direct the 2nd respondent to consider the petitioner's representation dated 21.03.2020 and pass orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. With these observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar Rj To

1. The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028, Tamil Nadu.

2. The District Registrar - Admn., Chennai - South, SIDCO Electronic Complex Block 111, Thiru vi Ka Industrial Estate, Guindy, Chennai - 600 032.

Tamil Nadu.

3. The Sub Registrar - Velachery, 38, 3rd Main Road, Ram Nagar, Jaganathapuram, Velacherry, Chennai - 600 042.

+1cc to Mr.N.Umapathy, Advocate, S.R.No.42729 +1cc to the Government Pleader, S.R.No.42642 W.P.No.19279 of 2020 UM(CO) CS/18/01/2021