Disposed

Famitha Banu v. the Inspector General of Registration

Madras HC5 Dec 2023WP/33810/2023

Case brief

AI extract

What is this about?

Writ petition filed for issuing mandamus to direct the second respondent to remove remarks from an Encumbrance Certificate and dispose of the petitioner's representation regarding a cancelled settlement deed within two months after conducting an enquiry.

What did the court decide?

Direction to the second respondent to consider the petitioner's representation, give notice to parties, conduct an enquiry, and dispose of the matter on merits within two months.

Famitha Banu Vs the Inspector General of Registration — Property and Title | Madras HC (2023)

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W.P.No.33810 of 2023 judgment dated 05.12.2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated: 05.12.2023

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Coram:

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THE HONOURABLE MR.JUSTICE P.VELMURUGAN

W.P.No.33810 of 2023

Famitha Banu

.. Petitioner

Vs.

The Inspector General of Registration,

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No.100, Santhome High Road, Mulima Nagar, Mandavalipakkam, Raja Annamalaipuram, Chennai-600 028.

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The Sub-Registrar, Kodambakkam, No.37/5, 5th Street, 100 Feet Road, Kodambakkam, Chennai-600 024. .. Respondents

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Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents herein to consider petitioner's representation dated 10.10.2023 and consequently direct the second respondent herein to remove the remarks reflected in the Encumbrance Certificate within the time limit stipulated as may be fixed by this Court.

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For petitioner : Mr.C.V.Kumar

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For respondents: Mr.R.P.Murugan Raja, Govt. Advocate

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ORDER

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This Writ Petition is filed praying for issuance of a simple Writ of Mandamus to direct

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the respondents herein to consider petitioner's representation dated 10.10.2023 and

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https://www.mhc.tn.gov.in/judis

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W.P.No.33810 of 2023 judgment dated 05.12.2023

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consequently direct the second respondent herein to remove the remarks reflected in the Encumbrance Certificate within the time limit stipulated as may be fixed by this Court.

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It is the case of the petitioner that in the year 2019, the petitioner's mother Noorajahn Abdul Rahim had settled the property in favour of the petitioner, bearing Door No.27, 1st Street, Kamaraj Colony, Kodambakkam, Chennai-600 024 by way of settlement deed, vide Document No.2761 of 2019, dated 19.07.2019 on the file of the Sub-Registrar Office, Kodambakkam. The petitioner thus became the absolute owner of the said property and is in continuous possession of the same. The petitioner's mother, without the knowledge of the petitioner, had cancelled the settlement deed as per the Maintenance and Welfare of Parents and Senior Citizens Act, through Na.Ka.No.3890/2019/A5, dated 30.12.2020 and subsequently, on 27.06.2021, the petitioner's mother died. The petitioner being the one and only daughter of the said Noorjahan Abdul Rahim, had made representation to the respondents on 10.10.2023 to consider the grievance of the petitioner, but the respondents had not taken any steps till now to consider the said representation, dated 10.10.2023. Hence, the present Writ Petition is filed.

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Considering the facts and circumstances of the case, this Court directs the second respondent to consider the said representation of the petitioner, after giving notice to the petitioner and also the rival claimants/interested parties, if any and after giving notice to all the parties and conducting enquiry in the manner known to law, dispose of the said representation, on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order.

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https://www.mhc.tn.gov.in/judis

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W.P.No.33810 of 2023 judgment dated 05.12.2023

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With the above direction, the Writ Petition is disposed of. There shall be no order as

to costs.

05.12.2023

The Inspector General of Registration, No.100, Santhome High Road, Mulima Nagar, Mandavalipakkam, Raja Annamalaipuram, Chennai-600 028.

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The Sub-Registrar, Kodambakkam, No.37/5, 5th Street, 100 Feet Road, Kodambakkam, Chennai-600 024.

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https://www.mhc.tn.gov.in/judis

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W.P.No.33810 of 2023 judgment dated 05.12.2023

P. VELMURUGAN, J

W.P.No.33810 of 2023

05.12.2023

https://www.mhc.tn.gov.in/judis

Famitha Banu v. the Inspector General of Registration

Case brief

What is this about?

What did the court decide?

Famitha Banu v. the Inspector General of Registration

Case brief

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What did the court decide?

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