Madras High CourtWP(MD)/2750/2022disposed of

Jesintha v. The District Registrar

2022-02-10Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.2750 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.2750 of 2022 Jesintha ... Petitioner vs.

1.The District Registrar, Madurai, Madurai District.

2.The Sub Registrar, Office of the Sub Registrar, Chekkanurani, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the second respondent to remove the encumbrance remarks that has been made wrongly in the property situated in S.No.341/1A1 of Kovilangulam Village, Usilampatti Taluk, Madurai District by considering the petitioner's representation, dated 19.01.2022 within a time stipulation as may be prescribed by this Court. For Petitioner :Mr.R.L.Dhilipan Pandian For Respondents :Mr.S.Shanmugavel Additional Government Pleader *****

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the second respondent to remove the encumbrance remarks that has been made wrongly in the property situated in S.No.341/1A1 of Kovilangulam Village, Usilampatti Taluk, Madurai District, by considering the petitioner's representation, dated 19.01.2022 within a time frame to be fixed by this Court.

2.Heard Mr.R.L.Dhilipan Pandian, learned Counsel for the petitioner and Mr.S.Shanmugavel, learned Additional Government Pleader for the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.According to the petitioner, wrong encumbrance has been reflected in the encumbrance certificate for the aforementioned property. In such circumstances, she has given a representation on 19.01.2022 seeking for correction. Since the representation has not been considered till date, she has filed this Writ Petition. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.2750 of 2022 4.The relief sought for by the petitioner is an innocuous one. No prejudice would be caused to the respondents if the petitioner's representation is considered on merits and in accordance with law after hearing all the necessary parties including the petitioner, within a time frame to be fixed by this Court. 5.Accordingly, this Court directs the second respondent to consider the petitioner's representation dated 19.01.2022 seeking for removal of the wrong encumbrance made in the encumbrance certificate in respect of the property in S.No.341/1A1 of Kovilangulam Village, Usilampatti Taluk, Madurai District, and pass final orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. 6.With the above observation, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (A.D.II) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To 1.The District Registrar, Madurai, Madurai District.

2.The Sub Registrar, Office of the Sub Registrar, Chekkanurani, Madurai District.

+1 CC to M/s.SPL.GP ( SR-5729[F] dated 11/02/2022 ) W.P.(MD)No.2750 of 2022 10.02.2022 RD(21.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2