Selva Mahendran v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Selva Mahendran ... Petitioner /Vs/ 1.The District Registrar Office of District Registrar, Madurai Road, Virudhunagar, Virudhunagar District.

2.The Sub-Registrar Sattur, Virudhunagar District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to make necessary correction in the Index entry and the Encumbrance certificate index by removing the encumbrance made in respect of the petitioner's land in Survey No.8/1 New Survey No.8/1B admeasuring 2.74 acres and Survey No.8/2 New Survey No.8/2B admeasuring 5.82 acres of lands situated at Valayapatti Village, Virudhunagar Taluk, Virudhunagar District, by considering the petitioner's representation, dated 22.05.2023. 1/5

For Petitioner : Mr.R.Ponkarthikeyan For Respondents : Mr.M.Sarangan Additional Government Pleader

ORDER

This writ petition has been filed for a direction, directing the respondents to made corrections in the index entry and the encumbrance certificate in respect of the land comprised in Survey No.8/1, New Survey No.8/1B admeasuring 2.74 acres and Survey No.8/2, New Survey No.8/2B admeasuring 5.82 acres of lands situated at Valayapatti Village, Virudhunagar Taluk, Virudhunagar District.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. In respect of the same property, PACL of India Limited had collected the deposits from various investors and failed to repay the said amount, finally it was reached upto the Hon'ble Supreme Court of India. By order, dated 2.2.2016 the Hon'ble Supreme Court of India appointed a 2/5

committee headed by the justice Lodha to sell the properties belonging to the PACL India Limited. Subsequently, the Lodha committed had appointed the District Judge to identify the properties belonging to the company. Therefore, the petitioner ought to have approach the District Judge, who is appointed by the Lodha Committee to deal with this issue.

4. In view of the above, the petitioner is at liberty to approach the District Judge, who is appointed by the Lodha Committee to rectify the mistakes in the encumbrance certificate and the entries in respect of the subject property, within a period of two 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.

05.11.2024 Index : Yes / No Internet : Yes/No NCC : Yes / No am 3/5

TO:- 1.The District Registrar Office of District Registrar, Madurai Road, Virudhunagar, Virudhunagar District.

2.The Sub-Registrar Sattur, Virudhunagar District.

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G.K.ILANTHIRAIYAN , J.

am Order made in Dated:

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