← Library
Madras High CourtWP/29667/2023dismissed as infructuous

Rattan Kumar v. The Sub - Registrar, Anna Nagar

2023-10-12Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Rattan Kumar ... Petitioner versus 1.The Sub-Registrar, Anna Nagar Registration Department, 576, Mogappair West, Ambattur Industrial Estate, Chennai - 600 037.

2.The District Registrar, Central Chennai Registration Department, No.268, Bharathi Salai, Royapettah, Chennai - 600 014.

3.The Inspector General of Registration, Registration Department, Santhome Road, Chennai.

4.Tax Recovery Officer, Office of the Tax Recovery Officer, Central -I, Income Tax Department, No.46, (Old No.108), New Building Third Floor, Nungambakkam High Road, Chennai - 600 034.

... Respondents Pg.Nos.1/6

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing respondents 1 to 3 to make an entry in the Encumbrance Certificate with regard to the Order of raising the attachment, dated 17.04.2023 for the property bearing Door No.G83, New No.3, Anna Nagar East, Chennai -102 comprised in T.S.No.1 part and 2 part, Block No.5, situated at Periakudal Village, admeasuring an extent of 1 ground and 1040 sq.ft by considering the petitioner's representation dated 10.08.2023. For Petitioner : Mr.S.Poovendhan For Respondents : Mr.R.P.Murugan Raja Additional Government Pleader for R1 to R3

O R D E R

Mr.R.P.Murugan Raja, learned Additional Government Pleader takes notice for respondents 1 to 3. By consent of both the parties the writ petition is taken up for final disposal at the admission stage, itself.

2. The petitioner seeks for a mandamus directing respondents 1 to 3 to consider his representation dated 10.08.2023, wherein and whereby, he requested the respondents 1 to 3 to make an entry in the Encumbrance Certificate with regard to the order of raising the attachment, Pg.Nos.2/6

dated 17.04.2023 for the property bearing Door No.G83, New No.3, Anna Nagar East, Chennai -102 comprised in T.S.No.1 part and 2 part, Block No.5, situated at Periakudal Village, admeasuring an extent of 1 ground and 1040 sq.ft.

3. The learned counsel for the petitioner submitted that the subject property was attached by the fourth respondent/Income Tax Department for tax arrears, the said attachment order was registered as Doc.Nos.93 of 2005 and 14 of 2006, respectively by the first respondent and hence, the same was reflected in the Encumbrance Certificate. Subsequently, the dues with the Government was cleared and the attachment was raised and lifted by the fourth respondent. The fourth respondent also issued an order of lifting of immovable property attachment, dated 17.04.2023. The said letter was sent to the first respondent/Sub Registrar, however, the first respondent has not made any entries with regard to the lifting of attachment in the Encumbrance Certificate. Hence, the petitioner has given a representation dated 10.07.2023, but the respondents 1 to 3 have not considered the same yet.

Pg.Nos.3/6

4. When the matter was taken up for hearing, today, the learned Additional Government Pleader appearing for respondents 1 to 3 submitted that the petitioner's representation has been duly considered by the first respondent and necessary entries also made in the register. The learned Additional Government Pleader also produced a copy of the letter dated 12.10.2023 issued by the first respondent.

5. Recording the same, this Writ petition is dismissed as having become infructuous. There shall be no order as to costs. 12.10.2023 Speaking/Non-speaking order Index : Yes/No : Yes/No ms Pg.Nos.4/6

To 1.The Sub-Registrar, Anna Nagar Registration Department, 576, Mogappair West, Ambattur Industrial Estate, Chennai - 600 037.

2.The District Registrar, Central Chennai Registration Department, No.268, Bharathi Salai, Royapettah, Chennai - 600 014.

3.The Inspector General of Registration, Registration Department, Santhome Road, Chennai.

4.Tax Recovery Officer, Office of the Tax Recovery Officer, Central -I, Income Tax Department, No.46, (Old No.108), New Building Third Floor, Nungambakkam High Road, Chennai - 600 034.

Pg.Nos.5/6

P.VELMURUGAN, J.

ms 12.10.2023 Pg.Nos.6/6