Madras High CourtWP(MD)/9926/2017disposed of

D. Senthil Kumar v. The Deputy Registrar

2017-05-25Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.05.2017

CORAM:

THE HONOURABLE Mr.JUSTICE M.V.MURALIDARAN W.P.(MD)No.9926 of 2017 D.Senthil Kumar ...

Petitioner Vs.

1.The Deputy Registrar (Housing) Co-operative Housing Board, Plot No-15, First East Street, K.K.Nagar, Madurai - 625 020.

2.The Secretary, Sellur Co-opertive Housing Board (A2083), IB, Chekkadi Street, Narimedu, Madurai - 625 002.

... Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a writ of mandamus, directing the respondents No.1 and 2 to handover all the documents to the petitioner relating to the property situated in Town Survey No:1178, Mothilal 3rd Street, Madurai Town, Madurai District in pursuant to the registered mortgage deed document No:911 of 1999 on the file of the Sub Registrar, Arasaradi, Madurai by considering the petitioner's representation dated 03.05.2017 and the subsequent representation 14.05.2017 within a stipulated time fixed by this Court.

For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.T.R.Janarthanan, Additional Government Pleader.

O R D E R

The petitioner seeks for a Writ of Mandamus to direct the respondents No.1 and 2 to handover all the documents to the petitioner relating to the property situated in Town Survey No:1178, Mothilal 3rd Street, Madurai Town, Madurai District in pursuant to the registered mortgage deed document No:911 of 1999 on the file of the Sub Registrar, Arasaradi, Madurai by considering the petitioner's representation dated 03.05.2017 and the subsequent representation 14.05.2017 within a stipulated time fixed by this Court.

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2. The learned Additional Government Pleader takes notice for the respondents. By consent, the writ petition itself is taken up

for final disposal.

3. The learned counsel for the petitioner submitted that it would suffice if the representation of the petitioner is directed to be disposed of, on merits and in accordance with law, within a time frame to be fixed by this Court.

4. In view of the limited scope of the prayer, without going into the merits of the matter, the first and second respondents are directed to consider the petitioner's representation dated 03.05.2017 and the subsequent representation dated 14.05.2017 on merits and in accordance with law after providing an opportunity of personal hearing to the petitioner as well as the other parties concerned, if any, and pass appropriate orders within a period of eight weeks, from the date of receipt of a copy of this order.

5. With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS II) /True Copy/ Sub Assistant Registrar To 1.The Deputy Registrar (Housing) Co-operative Housing Board, Plot No-15, First East Street, K.K.Nagar, Madurai - 625 020.

2.The Secretary, Sellur Co-opertive Housing Board (A2083), IB, Chekkadi Street, Narimedu, Madurai - 625 002.

+1cc to Mr.R.Karunanidhi,Advocate,SR.57561 +1cc to M/S.Special Government Pleader,SR.57903 W.P.(MD)No.9926 of 2017 25.05.2017 VSA/LS/NS KK/MMS/SAR3-01.06.2017-2P-5C https://hcservices.ecourts.gov.in/hcservices/