Madras High CourtWP/25856/2018disposed of

M/S.Sundaram Home Finance Ltd v. The Sub Registrar

2018-10-03Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.25856 of 2018 M/s. Sundaram Home Finance Ltd., Rep. by its Authorised Officer N.Udayakumar 46, Whites Road, SF Towers, I floor, Royapettah, Chennai 600 014 .. Petitioner Vs The Sub Registrar O/o Bhavani Sub Registrar Taluk Office Compound Bhavani Mettu Main Road, Bhavani, Erode 638 301 .. Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the first respondent to register the sale certificate dated 16.07.2018 executed by the Petitioner in favour of one Mr.A.Kannaiyan and Mrs.K.Mangai with respect to properties situated at Old Ward No.7, New Ward No.2, Near Cauvery River, Kamaraj Nagar, Bavani Village and Taluk, Erode District bearing Plots Nos:52 to 58 to an extent of 19,200 sq.ft.in S.Nos.761/A, 761/B, 761/C, 761/2, 771/1B, 771/2 within a time frame. For Petitioner : Mr.J.Ravindran For Respondent : Mr.T.M.Pappiah Special Government Pleader

ORDER

By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself. 2.The petitioner has come up with this writ petition seeking a direction to the respondent to register the sale certificate dated 16.07.2018 executed by them in favour of one Mr.A.Kannaiyan and Mrs.K.Mangai with respect to the properties situated at Old Ward No.7, New Ward No.2, Kamaraj Nagar, Bavani Village and Taluk, Erode District within a time frame. https://hcservices.ecourts.gov.in/hcservices/

3.According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 09.08.2018 claiming the same relief as prayed in this writ petition, but, the same is yet to be disposed of by the respondent. However, the learned counsel submitted that it would suffice, if the said representation made by the petitioner is directed to be considered by the respondent, on merits.

4.Mr.T.M.Pappiah, learned Special Government Pleader taking notice for the respondent, submitted that the petitioner's claim would be considered and appropriate orders would be passed within a period of one week, on merits.

5.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court directs the respondent to consider the claim of the petitioner on the basis of their representation dated 09.08.2018 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as any of the interested parties, within a period of one week from the date of receipt of a copy of this order.

6.Accordingly, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To The Sub Registrar O/o Bhavani Sub Registrar Taluk Office Compound Bhavani Mettu Main Road, Bhavani, Erode 638 301 +1cc to Government Pleader SR.NO.68836 RSV(CO) sm:23.10.2018 W.P.No.25856 of 2018 https://hcservices.ecourts.gov.in/hcservices/