D.Chinnathambi v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.13529 of 2019 D.Chinnathambi ... Petitioner Vs.

1.The District Registrar Registration Department, Pudukottai.

2.The Sub Registrar, Office of the Sub Registrar, Viralimalai Pudukottai District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to rectify the error in the Encumbrance with respect to Survey Nos.112/4-I and 112/5B Punja Land for an extent of 20 cents and 1 Acre, 34 Cents respectively situate at Poyyamani, Poyyamani Village, Viralimalai Taluk, Pudukottai District and consequently direct the respondents to enter the petitioner's correct name of D.Chinnathambi in the Encumbrance Certificate based on his representation dated 12.03.2019 within a time frame fixed by this Court.

For Petitioner :Mr.S.Karthick Subramanian For Respondent :Mr.M.Murugan Government Advocate

ORDER

The prayer in the writ petition is for a Writ of Mandamus to direct the respondents to rectify the error in the Encumbrance with respect to Survey Nos.112/4-I and 112/5B Punja Land for an extent of 20 cents and 1 Acre, 34 Cents respectively situate at Poyyamani, Poyyamani Village, Viralimalai Taluk, Pudukottai District and also to enter the petitioner's correct name in the Encumbrance Certificate based on his representation dated 12.03.2019.

2. Heard the learned counsel for the petitioner and the learned Government Advocate, who takes notice for the respondents.

3. By consent of both sides, the writ petition is taken up for final disposal at the stage of admission itself. https://hcservices.ecourts.gov.in/hcservices/

4. The petitioner's sale deed was registered by the first respondent. However, there is a small error in the said sale deed

with regard to the name of the purchaser. Therefore, in order to rectify the same, a representation has been given on 12.03.2019 to the first respondent and the same is pending with him, without taking any decision. Therefore, the petitioner is before this Court.

5. I have heard the learned Government Advocate appearing for the respondents, who would submit that the said representation of the petitioner dated 12.03.2019 would be considered and the mistake would be rectified by the first respondent within a time frame that may be fixed by this Court.

6. Considering the limited scope of the prayer sought for, this Court is inclined to dispose of the writ petition with the following direction:

"That the first respondent is directed to consider the representation of the petitioner dated 12.03.2019 and pass orders by making the rectification of the mistake crept in already in the registration deed as sought for by the petitioner and such rectification order shall be passed within a period of four weeks from the date of receipt of a copy of this order and the same shall be communicated to the petitioner." No costs. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) To 1.The District Registrar Registration Department, Pudukottai.

2.The Sub Registrar, Office of the Sub Registrar, Viralimalai, Pudukottai District.

+1 CC to M/s.SPL GP ( SR-69757[F] dated 19/06/2019 ) +1 CC to M/s.S.KARTHICK SUBRAMANIAN, Advocate ( SR-69905[F] dated 19/06/2019 ) RR W.P.(MD)No.13529 of 2019 17.06.2019 KM/(27.06.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/