Madras High CourtWP(MD)/13871/2021disposed of

Gee Ispat Pvt,Ltd v. The Inspector General Of Registration

2025-01-09Honourable Mr Justice G.K. Ilanthiraiyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN M/s.Gee Ispat Private Limited, Represented by its Authorized Person, R.Pramodkumar ... Petitioner Vs 1.The Inspector General of Registration, Registration Department, No.10, Santhom High Road, Chennai - 600 028.

2.The District Registrar, Registration Department, Sivagangai District - 630 562.

3.The Sub Registrar, Sub Registrar Office, Manamadurai Taluk, Sivagangai District - 630 606.

4.Valli @ Valliyammal 5.Muneeswari ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 3 after making proper enquiry to remove all encumbrances made by the third respondent office based on the petitioner's representation with order of the Madras High Court, Madurai Bench in W.P(MD)No. 18425 of 2018 dated 24.08.2018 in related to Survey No.96/4A to the extent of 5 Acres 32 cents (Patta No.361) in Manampaakki 1/5

Village, Manamadurai Taluk, Sivagangai District on the file the third respondent office and consequently allow the petitioner's purchased same property to make fresh encumbrance for sale vide already purchased Document No.1778/2007 dated 24.07.2007 based on the petitioner's representations dated 22.03.2021 and 15.07.2021 within a stipulated time fixed by this Court. For Petitioner : Mr.R.Senthil Kumar For RR 1 to 3 : Mr.M.Sarangan Additional Government Pleader For RR 4 & 5 : Mr.A.Haja Mohideen

ORDER

This Writ Petition has been filed by the petitioner for a direction directing the respondents 1 to 3, after making proper enquiry, to remove all encumbrances made by the third respondent based on the petitioner's representations dated 22.03.2021 and 15.07.2021 relating to Survey No.96/4A to an extent of 5 Acres 32 cents (Patta No.361) in Manampaakki Village, Manamadurai Taluk, Sivagangai District on the file the third respondent office. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 2/5

3.The removal of any entry in the encumbrance in respect of the property comprised in Survey No.96/4A to an extent of 5 Acres 32 cents (Patta No.361) situated in Manampaakki Village, Manamadurai Taluk, Sivagangai District, cannot be possible by the registering authority. However, the subsequent cancellation of settlement deed executed by the respondents 4 and 5 can be recorded by the registering authority. Accordingly, the petitioner can very well deal with the subject property as per the sale deed executed in his favour, if it is otherwise in order. 4.Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

09.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 3/5

To 1.The Inspector General of Registration, Registration Department, No.10, Santhom High Road, Chennai - 600 028.

2.The District Registrar, Registration Department, Sivagangai District - 630 562.

3.The Sub Registrar, Sub Registrar Office, Manamadurai Taluk, Sivagangai District - 630 606.

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G.K.ILANTHIRAIYAN, J.

ps Order made in 09.01.2025 5/5