Madras High CourtWP/25557/2021disposed of

A.Nagarajan v. The District Registrar

2021-12-01Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2021

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN WP.No.25557 of 2021 A.Nagarajan ... Petitioner Vs

1. The District Registrar, Salem, Salem District

2. The Sub Registrar, Omalu, Omalur Taluk, Salem District ... Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to remove the name of Tamil Nadu Housing Board in the encumbrance certificate in respect of land in S.No.68/3B at Kottagoundappatti Village, Omalur Taluk by considering the petitioner's representation dated 14.09.2021. For Petitioner : Mr.M.Elango For Respondents : Mr.Yogesh Kannadasan, Special Government Pleader

ORDER

This writ petition is filed for direction directing the second respondent to remove the name of Tamil Nadu Housing Board in the encumbrance certificate in respect of land in S.No.68/3B at Kottagoundappatti Village, Omalur Taluk by considering the petitioner's representation dated 14.09.2021.

2. Heard, Mr.M.Elango, the learned counsel for the petitioner, and Mr.Yogesh Kannadasan, Special Government Pleader appearing for the respondents.

3.Without expressing any opinion on merits of the writ https://hcservices.ecourts.gov.in/hcservices/

petition, the second respondent is directed to conduct enquiry on the representation submitted by the petitioner dated 14.09.2021 after giving opportunity of hearing to the petitioner and rival party i.e. Housing Board and pass orders on merits and in accordance with law in the light of the order passed by the Hon'ble Division Bench of this Court in WA.No.368 of 2013 dated 21.12.2012, which was confirmed by the Hon'ble Supreme Court of India in Civil Appeal Nos.5905 and 5906 of 2015 dated 25.04.2017 and the order passed in review petition in Nos.2011 & 2012 of 2018 dated 25.07.2018 and the order passed by this Court in WP.No.16675 of 2017 dated 21.08.2017, thereby directed the revenue authorities to mutate the revenue records in favour of the land owners, within a period of six weeks from the date of receipt of copy of this order.

4. With the above direction, this writ petition is disposed of. No order as to costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar lok To

1. The District Registrar, Salem, Salem District

2. The Sub Registrar, Omalur, Omalur Taluk, Salem District +1cc to Mr.M.Elango, Advocate, S.R.No.62785 +1cc to the Government Pleader, S.R.No.63441 WP.No.25557 of 2021 PL(CO) CT/14/12/2021 https://hcservices.ecourts.gov.in/hcservices/