Madras High CourtWP(MD)/14483/2016disposed of

J.Muthu v. The Inspector General Of

2016-08-29Honourable Mr Justice M. Venugopal2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 29.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.14483 of 2016 J.Muthu ... Petitioner Vs.

1. The Inspector General of Registration, O/o.The Inspector General of Registration, 100, Santhom High Road, Pattinapakkam, Chennai.

2. The District Registrar (Administration), Madurai (North), B.B.Kulam, Madurai.

3. The Sub Registrar, (Teppakulam), O/o.The Sub Registrar (Teppakulam), Madurai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents to remove the entry in Encumbrance Certificate in respect of the mortgage in Document No.4499, dated 19.11.2010 in respect of the Petitioner's property in Survey No.29/5 and Survey No.29/4B situated at Vandiyoor II Bit Village, Madurai North Taluk, Madurai District, by considering his representation to the Respondents, dated 30.12.2015.

For Petitioner : Mr.S.Premkumar For Respondents : Mr.K.Mahesh Raja Govt.Advocate

ORDER

Heard both sides.

2.By consent, the main Writ Petition itself is taken up for final disposal.

3. No counter is filed on behalf of Respondent Nos.1 to 3. https://hcservices.ecourts.gov.in/hcservices/ 4.The Petitioner has filed the present Writ Petition praying for passing of an order by this Court in directing the Respondents

to remove the entry in Encumbrance Certificate, in respect of the mortgage in Document No.4499, dated 19.11.2010, in respect of the property in Survey No.29/5 and Survey No.29/4B, situated at Vandiyoor II Bit Village, Madurai North Taluk, Madurai District, by considering his representation, addressed to the Respondents, dated 30.12.2015.

5. It appears that on 22.08.2016, the Second Respondent / District Registrar (Administration), Madurai (North), Madurai, had passed an order interalia stating that the representation of the Petitioner, dated 23.05.2016 was considered and resultantly, it was informed that the Registration of the Document No.4499/2010 was annulled etc., and this fact was also included in the copy of the document and in the schedule in proper form and accordingly, the Sub-Registrar was informed.

6. In view of the aforesaid proceedings of the Second Respondent / District Registrar (Administration), Madurai (North), Madurai, dated 22.08.2016, whereby, the Document, bearing No.4499/2010 and Registration was Annulled etc., this Court holds that nothing survives for adjudication in the present Writ Petition and accordingly, the Writ Petition stands disposed of. No costs. Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar To

1. The Inspector General of Registration, O/o.The Inspector General of Registration, 100, Santhom High Road, Pattinapakkam, Chennai.

2. The District Registrar (Administration), Madurai (North), B.B.Kulam, Madurai.

3. The Sub Registrar, (Teppakulam), O/o.The Sub Registrar (Teppakulam), Madurai.

+ 1 CC TO MR.S.PREMKUMAR, ADVOCATE IN SR No. 48807 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 48589 MPK TE/PV : 09/09/2016 : 2P/6C W.P(MD)No.14483 of 2016 29.08.2016 https://hcservices.ecourts.gov.in/hcservices/