Madras High CourtWP(MD)/1472/2017dismissed as withdrawal

K.Subramani v. The District Registrar

2020-03-04Honourable Mr Justice P.D.Audikesavalu2 pages

W.P.(MD)No.1472 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.03.2020 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.(MD)No.1472 of 2017 K.Subramani ... Petitioner Vs.

1.The District Registrar, Sivagangai District, Sivagangai.

2.The Sub Registrar, Manamadurai Sub Registrar Office, Manamadurai, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the constitution of India, to issue a writ of Mandamus, to direct the Second Respondent to cancel the document No.660/1996 dated 11.10.1996 and 57/2010 dated 07.01.2010 and remove the entry from encumbrance certificate in view of the decree passed in O.S.No.158 of 2012 on the file of the Principal District Munsif, Manamadurai, dated 04.08.2014. For Petitioner : Mr. G.Gomathi Shankar For Respondent : Mr. M.Murugan Government Advocate

ORDER

When it is pointed out that the Petitioner could make an application before the Principal District Munsif Court, Manamadurai, where the judgment and decree in O.S.No.158 of 2012 has been passed declaring the sale-deed dated 19.04.1996 registered as Document No.660 of 1996 in the Office of the Sub Registrar, Manamadurai and the sale deed dated 07.01.2010 registered as document No.57 of 2010 in the Office of the Sub Registrar, Manamadurai, as null and void, to send a copy of the same to the Registering Authority in terms of Section 31 (2) of the Specific Relief Act, 1963, read with Rule 116A of the Registration Rules for making necessary entries in the concerned books maintained for registration of documents, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to the Petitioner to resort to that procedure and he has made an endorsement to that effect, which is recorded.

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

W.P.(MD)No.1472 of 2017 2.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. No costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) ta/sj To 1.The District Registrar, Sivagangai District, Sivagangai.

2.The Sub Registrar, Manamadurai Sub Registrar Office, Manamadurai, Sivagangai District.

+1 CC to M/s.G.GOMATHI SANKAR, Advocate ( SR-10023[F] dated 04/03/2020 ) +1 CC to M/s.SPL.GP ( SR-10333[F] dated 06/03/2020 ) W.P.(MD)No.1472 of 2017 04.03.2020 SM/KK(07.05.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2