Madras High CourtWP(MD)/7355/2019allowed

R.Ilayaraja, v. The District Registrar,

2019-04-22Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.7355 of 2019 R.Ilayaraja ... Petitioner Vs 1.The District Registrar, District Registrar Office, Virudhunagar.

2.The Sub-Registrar, Sub Registrar Office, Srivilliputhur Taluk, Virudhuangar District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the first respondent to instruct the second respondent to remove the entry in the encumbrance bearing the registration 9/1989 belongs to the Survey non.18/5 and 22/12 located in Regunathapuram Revenue Village, Keelapottalpatti, Srivilliputhur Taluk, Virudhunagar District and consider the petitioner's representation dated 29.12.2018. For Petitioner : Mr.S.Mahalingam For Respondents : Mr.M.Murugan Government Advocate

ORDER

Heard the learned counsel on either side.

2.The writ petitioner's father Ramar was the defendant in O.S.No.450 of 1987 on the file of the learned District Munsif, Srivilliputhur. The petition mentioned property came under attachment. The attachment was also duly entered in the encumbrance register. The petitioner's father is no more. Full satisfaction memo was also entered in the execution proceedings. Now the petitioner wants the encumbrance to be removed. 3.The learned counsel for the petitioner produced before me a copy of the proceedings which indicates that full satisfaction memo was filed and it was also recorded. The Execution Proceedings was terminated and attachment was raised on 10.11.1989. https://hcservices.ecourts.gov.in/hcservices/

4.The petitioner is permitted to move the second respondent with the certified copy of the aforesaid order indicating the raising of the attachment. On production of the same, the second respondent is directed to register the same.

5.This writ petition is allowed on these terms. No costs. Sd/- Assistant Registrar (Records) / True Copy / Sub Assistant Registrar(CS) pnn To 1.The District Registrar, District Registrar Office, Virudhunagar.

2.The Sub-Registrar, Sub Registrar Office, Srivilliputhur Taluk, Virudhuangar District.

+1 CC to M/s.S.MAHALINGAM, Advocate ( SR-61976[F] dated 23/04/2019 ) +1 CC to M/s.SPL GP ( SR-62169[F] dated 24/04/2019 ) W.P.(MD)No.7355 of 2019 22.04.2019 ES/15.05.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/