P.Samipillai v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN P.Samipillai ... Petitioner Vs.

1.The Secretary, Y-103, Azhaganparai Primary Agricultural Co-Operative Credit Society Ltd., Azhaganparai Post - 629 252, Kalkulam Taluk, Kanyakumari District.

2.The Sub Registrar, Manavalakurichy Sub Registrar Office, Mandaikadu Post, Kalkulam Taluk, Kanyakumari District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to release the mortgage deed No.317 of 1987 dated 26.03.1987 and thereafter the 2nd respondent to remove the mortgage deed entry in the Encumbrance Certificate (EC) in his office. 1/4

For Petitioner : Mr.K.Sathiya Singh For Respondents : Mr.K.Balasubramani, Spl. Government Pleader.

ORDER

Heard both sides.

2.All that the petitioner now wants is the registration of the discharge of the mortgage created way back in the year 1987. The first respondent has no objection to accede to the petitioner's request. The first respondent is directed to cooperate with the petitioner for granting the relief now sought for by the petitioner . The concerned official shall be present in the office of the second respondent on 13.12.2023 during office hours. The second respondent is directed to extend all possible cooperation.

3.This writ petition is allowed accordingly. No costs. 05.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 07.12.2023.

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To:- 1.The Secretary, Y-103, Azhaganparai Primary Agricultural Co-Operative Credit Society Ltd., Azhaganparai Post - 629 252, Kalkulam Taluk, Kanyakumari District.

2.The Sub Registrar, Manavalakurichy Sub Registrar Office, Mandaikadu Post, Kalkulam Taluk, Kanyakumari District.

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G.R.SWAMINATHAN, J.

ias 05.12.2023 4/4