Madras High CourtWP(MD)/3626/2018disposed of

N.Nagarajan,S/O.Narayanasamy v. The District Registrar,

2020-09-17Honourable Mr Justice D. Krishnakumar2 pages

W.P(MD)No.3626 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.3626 of 2018 N.Nagarajan ... Petitioner Vs.

1.The District Registrar, Thanjavur Registration District, Thanjavur.

2.The Sub-Registrar (Audit), Thanjavur.

3.The Sub-Registrar, Maharnombu Chavady, Thanjavur.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the respondents to remove the encumbrance in the encumbrance certificate regarding audit objection in respect of the registration of the decree passed in O.S.No.122 of 2013 on the file of the Principal Sub Judge, Thanjavur dated 18.11.2013. For Petitioner : Mr.V.Chandrasekar For Respondents : Mr.K.Sathiya Singh Additional Government Pleader

ORDER

The petitioner has filed the present Writ Petition to issue a Writ of Mandamus, directing the respondents to remove the encumbrance in the encumbrance certificate regarding audit objection in respect of the registration of the decree passed in O.S.No.122 of 2013 on the file of the Principal Sub Court, Thanjavur dated 18.11.2013.

2.According to the petitioner, though he made a representation dated 15.12.2016 to the second respondent with the relief sought for in the prayer, so far, no action has been taken. Hence, the present Writ Petition.

3.When the matter is taken up for hearing, the learned Additional Government Pleader appearing for the respondents submitted that the representation of the petitioner dated 15.12.2016 would be considered on merits and in accordance with law, within a time frame to be fixed by this Court.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.3626 of 2018 4.In view of the submission made by the learned Additional Government Pleader and also considering the limited scope of the prayer sought for in the Writ Petition, this Court, without expressing any opinion on the merits of the case, directs the respondents to consider the representation of the petitioner dated 15.12.2016 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner and other interested parties, if any, within a period of twelve weeks from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) Note:- In view of the present lock down owing to COVID - 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

ps To 1.The District Registrar, Thanjavur Registration District, Thanjavur.

2.The Sub-Registrar (Audit), Thanjavur.

3.The Sub-Registrar, Maharnombu Chavady, Thanjavur.

COPY TO The Principal Subordinate Judge, Thanjavur +1 CC to SPL GP ( SR-17394[F] dated 18/09/2020 ) Order made in W.P.(MD)No.3626 of 2018 17.09.2020 VB (28.09.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2