Rathinam v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.10.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD) No.11502 of 2016 and W.M.P.(MD) No.8808 of 2016 Rathinam ... Petitioner -vs1.

The District Registrar, Registration Department, Periyakulam Taluk, Theni District, Theni.

2.

The Sub Registrar, Sub Registration Office, Andipatti, Theni District.

3.

S.Gunaseelan ... Respondents (R3 impleaded vide order dated 23.01.2017 in WMP.No.715 of 2017) PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to take appropriate action to conduct an enquiry under Circular 67 of the respondent department and remove the fraudulent entries made in Encumbrance Certificate in respect of the property in S.No.892/2 of Shanmuga Sundarapuram Village, Andipatti Taluk by considering the petitioner's representation dated 08.03.2016 within a time frame as fixed by this Honble Court. For Petitioner : Mr.S.Sukumar For R1 & R2 : Mr.J.Gunaseelan Muthiah Govt. Advocate For R3 : Mr.S.Natarajan ******

O R D E R

This writ petition has been filed, seeking a direction to the 1st respondent to take appropriate action to conduct an enquiry under Circular 67 of the respondent department and remove the fraudulent entries made in Encumbrance Certificate in respect of the property in S.No.892/2 of Shanmuga Sundarapuram Village, Andipatti Taluk by considering the petitioner's representation dated 08.03.2016.

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2. When the matter was taken up for hearing, it is represented by the learned Government Advocate appearing for the respondents 1 & 2 that the Circular 67 dated 03.11.2011 issued by the Registration Department has already been withdrawn.

3. In view of the above submission, this Court is of the view that nothing survives for further adjudication in this matter. Hence, this petition is closed. No costs. Consequently, connected miscellaneous petition closed.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub-Assistant Registrar To:

1.

The District Registrar, Registration Department, Periyakulam Taluk, Theni District, Theni.

2.

The Sub Registrar, Sub Registration Office, Andipatti, Theni District.

+One cc to The Special Government Pleader, SR.No.83439 +One cc to Mr.S.Sukumar, Advocate, SR.No.83461 +One cc to Mr.S.Natarajan, Advocate, SR.No.83155 ar RL/6C/2P/KK/SAR1/8/11/2017 W.P.(MD) No.11502 of 2016 23/10/2017 https://hcservices.ecourts.gov.in/hcservices/