K.Palaniammal, W/O.G.Prabhu v. The District Registrar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.06.2017

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.10936 of 2017 K.Palaniammal : Petitioner -vs1. The District Registrar, Ariyalur Registration District, Ariyalur.

2. The Sub Registrar, Uppiliyapuram, Thuraiyur Taluk, Trichy District. : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, to direct the 2nd respondent to consider the representation of the petitioner, dated 19.04.2017 for expunction of the encumbrance marked by him in the records as on 12.12.2012 relating to Survey Nos.100/1, 101/1, 100/2 at Vairichettipalayam in Thuraiyur Taluk, Trichy District. For Petitioner : Mr.V.Singan For Respondents : Mr.M.Alaguthevan Special Government Pleader

O R D E R

The prayer sought for in this writ petition is to direct the 2nd respondent to consider the representation of the petitioner, dated 19.04.2017 for expunction of the encumbrance marked in the records as on 12.12.2012 relating to Survey Nos.100/1, 101/1 and 100/2 at Vairichettipalayam village, Thuraiyur Taluk, Trichy District. 2.The case of the petitioner is that she purchased the property in Survey Nos.100/1, 101/1 and 100/2 at Vairichettipalayam Village, Thuraiyur Taluk, Trichy District. The said property was attached pursuant to the order passed in O.S.No.127 of 1988 on the file of the District Munsif Court, Thuraiyur and thereafter, the entire decree amount was discharged and the Decree-holder has also issued a receipt, on 05.06.2012.

https://hcservices.ecourts.gov.in/hcservices/ 3.The grievance of the petitioner is that even after the

discharge of the decree amount, the 2nd respondent has not expunged the lien and encumbrance subsisting over the property. So, she was not able to deal with the property and hence, a representation was made to the 2nd respondent on 19.04.2017. Since no favourable order was passed, the present writ petition has been filed. 4.Mr.V.Singan, learned counsel appearing for the petitioner and Mr.M.Alaguthevar, learned Special Government Pleader appearing for the respondents and perused the materials available on records. 5.Considering the limited prayer sought for in this writ petition, without going into the merits of the case, this writ petition is disposed of with a direction to the 2nd respondent to consider the representation of the petitioner, dated 19.04.2017 and pass appropriate orders, purely on merits and in accordance with law, after affording opportunity of hearing to the petitioner and the necessary parties, if any, within a period of three weeks from the date of receipt of the order copy. No costs. Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar To

1. The District Registrar, Ariyalur Registration District, Ariyalur.

2. The Sub Registrar, Uppiliyapuram, Thuraiyur Taluk, Trichy District.

3. The Additional Government Pleader, Madurai Bench of Madras High Court, Madurai.

ER TE/KKR/SAR-IV : 10/07/2017 : 2P/4C W.P.(MD)No.10936 of 2017 22.06.2017 https://hcservices.ecourts.gov.in/hcservices/