K.Manikandan Vs the Inspector General of Registration

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to remove the entry of Section 47-A(3) proceedings from the encumbrance certificate for the petitioners property to an extent of 1005 sq.ft in survey No.144/7B panappakkam village, Tiruthani Taluk, Tiruvallur District by considering his representation dated 15.9.2023 and in furtherance of the

¶16

1/6

¶17

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

¶18

W.P.No.20822 of 2024

¶19

Report sent by the 3rd respondent to the 2nd respondent dated 7.11.2023 in Na.Ka.No.423/2023 within a period that may specified by this Honourable court

¶20

For Petitioner : Mr.Ravichandran Sundaresan For Respondent : Mr.Abishek Murthy, GA

¶21

ORDER

¶22

This writ petition has been filed to direct the respondents to remove the entry of Section 47-A(3) proceedings from the encumbrance certificate for the petitioners property.

¶23

The learned counsel for the petitioner would submit that initially, the subject property was purchased by the petitioner vide sale deed dated 04.06.2014. Thereafter, it was found by the petitioner that there is a wrong entry in the Encumbrance Certificate of the subject property, whereby, it has been stated that the petitioner is liable to pay deficit stamp duty of Rs.83,125/- and registration charges of Rs.14,250/-. Against the said demand, a representation dated 15.09.2023 was made by the petitioner before the 3^rd respondent to remove the wrong entry.

¶24

2/6

¶25

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

¶26

W.P.No.20822 of 2024

¶27

Based on the said representation, an order was passed by the 3^rd respondent on 07.11.2023, whereby, the aforesaid demand was reduced and the petitioner was directed to pay a sum of Rs.7,030/- towards deficit stamp duty and Rs.1,005/- towards registration charges. The reduced demand was duly paid by the petitioner. In spite of the same, the wrong entries made in the EC has not been removed by the respondents till date. Hence, this petition.

¶28

On the other hand, the learned Government Advocate appearing

¶29

for the respondent would submit that if a representation was made by the petitioner with regard to the removal of entries in EC, along with the proof for payment of demand amount, the same will be considered and disposed of by the respondent.

¶30

Heard the learned counsel for the petitioner and the learned

¶31

Government Advocate appearing for the respondent and also perused the materials available on record.

¶32

3/6

¶33

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

¶34

W.P.No.20822 of 2024

¶35

In the case on hand, initially, the subject property was purchased by the petitioner vide sale deed dated 04.06.2014. Thereafter, it was found by the petitioner that there is a wrong entry in the Encumbrance Certificate of the subject property, whereby, it has been stated that the petitioner is liable to pay deficit stamp duty of Rs.83,125/and registration charges of Rs.14,250/-. Against the said demand, a representation dated 15.09.2023 was made by the petitioner before the

¶36

3^rd respondent to remove the wrong entry. Based on the said representation, an order was passed by the 3^rd respondent on 07.11.2023, whereby, the aforesaid demand was reduced and the petitioner was directed to pay a sum of Rs.7,030/- towards deficit stamp duty and Rs.1,005/- towards registration charges. The reduced demand was duly paid by the petitioner. In spite of the same, the wrong entries made in the EC has not been removed by the respondents till date.

¶37

In view of the above, this Court directs the petitioner to file a representation for removal of entry in their EC, along with the receipt for payment of aforesaid demand amount. In such case, the 3^rd respondent

¶38

4/6

¶39

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

¶40

W.P.No.20822 of 2024

¶41

shall consider the petitioner's representation and pass orders for neutralizing the demand made in EC of the subject property, within a

¶42

period of 2 weeks from the date of filing of said representation.

¶43