B.Karunakaran v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.11.2022
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.30771 of 2022 B. Karunakaran ... Petitioner vs.
1. The Inspector General of Registration, Santhome High Road, Chennai 600 004.
2. The Sub Registrar, O/o Sub Registrar Office Cheyyur.
3. The Revenue Commissioner, Madurantakam, Chengalpattu District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the first and second 1/7
respondents herein to remove the entry in the Encumbrance certificate as SI No.4 Document No.2148 of 2008 dated 02.06.2008 executed by Janakiraman and others in favour of A. Ravi, in the office of Sub Registrar Office, Cheyyur the second respondent herein and direct the third respondent to issue patta in petitioner's favour in respect of the property situated at No.59, Vembanur Village, Cheyyur Taluk, Chengalpattu District based on the Sale Deed dated 02.11.1989 with document No.1278 of 1989 in the office of SRO Cheyyur, the second respondent herein and pass orders. For Petitioner : Mr.K. Jayaraman For Respondents : Mr.G. Krishna Raja Additional Government Pleader
ORDER
By consent of both the parties this writ petition is taken up for disposal at the admission stage itself.
2.This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing the first and second respondents herein to remove the 2/7
entry in the Encumbrance certificate as SI No.4 Document No.2148 of 2008 dated 02.06.2008 executed by Janakiraman and others in favour of A. Ravi, in the office of Sub Registrar Office, Cheyyur the second respondent herein.
3. The case of the petitioner is that the petitioner purchased the subject property and he was in enjoyment and possession of the same. While so the Revenue official inadvertenly mutated the revenue records in the subject property in the name of one Ravi who have no right over the subject property. Due to the said act of the Revenue officials the petitioner was not able to obtain patta in his name even though he is the owner of the subject property. Hence to rectify the same the petitioner made several representations to the official concerned. However the same has not been considered. Hence this petition.
4. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submits that, it would suffice, if this Court issues direction to the respondents to rectify the error and issue patta in the name of the petitioner based on the representation made by the petitioner on 3/7
29.07.2021 to the Revenue Commissioner, Madurantakam Chengalpattu District.
5. Heard both sides and perused the materials available on record.
6. In view of the above, this Court directs the respondents to consider the claim of the petitioner and pass appropriate orders on merits and in accordance with law, after providing opportunity to the petitioner as well as counter parties if any within a period of twelve weeks from the date of receipt of a copy of this order.
7. With the above directions, the writ petition is disposed of. No costs. Consequently the connected miscellaneous petitions are closed. 24.11.2022 Index :
Yes/No Speaking order :
Yes/No smn 4/7
To
1. The Inspector General of Registration, Santhome High Road, Chennai 600 004.
2. The Sub Registrar, O/o Sub Registrar Office Cheyyur.
3. The Revenue Commissioner, Madurantakam, Chengalpattu District.
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M.DHANDAPANI,J.
smn and W.M.P.No.30771 of 2022 6/7
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