S. Uma Rani vs The Sub-Registrar
2021 Latest Caselaw 588 Mad

                                                                                        W.P.No.5305 of 2017

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         DATED: 7/1/2021

                                                            CORAM

                                         THE HON'BLE MR.JUSTICE S.SUNDAR
                                                    Writ Petition No.5305 of 2017
                       S. Uma Rani                                       ...        Petitioner

                                                                    Vs

                       1. The Sub-Registrar
                          Guduvanchery
                          G.S.T.Road
                          Kancheepuram District.

                       2. The Inspector General of Registrar
                          Santhome High Road
                          Chennai 600 004.

                       3. A. Subha                                       ...        Respondents

                             Petition filed under Article 226 of the Constitution of India
                       praying for the issuance of a writ of mandamus directing the first
                       respondent to consider the representation dated 6/2/2017 an entry of
                       attachment of the property must be made in S.No.134/3A1C patta
                       No.2175 measuring an extent of 910 sq.feet.

                                   For petitioner             ...              Mr.C.Samadharma Arasu

                                   For respondents            ...              Mr.P.P.Purushothaman
                                                                               Government Advocate
                                                                               for R.R.1 and 2.

                                                                               No appearance for R.3.

                       Page 1 of 4
https://www.mhc.tn.gov.in/judis/
                                                                                   W.P.No.5305 of 2017

                                                          ORDER

This writ petition is filed for issuing a writ of mandamus,

directing the first respondent, to consider the representation of the

petitioner, dated 6/2/2017.

2. The petitioner states that he filed a suit in O.S.No.319 of 2014,

for recovery of money against the third respondent and that he had

obtained an order of attachment before judgment in respect of the

property in Vandaloor Village. The grievance of the petitioner is that

order of attachment dated 5/6/2014, though was communicated to the

first respondent, first respondent, viz., Sub-Registrar, Guduvanchery,

has not so far entered in the appropriate register, the order of

attachment.

3. A specific procedure is prescribed under Order 21 Rule 54 of

the Civil Procedure Code to effect attachment. The present writ petition

is not necessary. If an order of attachment is passed by the Civil Court,

it has to be proclaimed in the manner prescribed. Section 64 of the

Code of Civil Procedure protects the rights of attaching Creditor. Writ

https://www.mhc.tn.gov.in/judis/ W.P.No.5305 of 2017

petition was filed in the year 2017. Hence, without prejudice to the

rights of either parties, this Court is of the view that the first

respondent can be directed to consider the representation, after issuing

notice to the third respondent.

4. Accordingly, writ petition is disposed of ,with a direction to

the first respondent to consider the representation of the petitioner and

to pass appropriate orders or to take appropriate action, on the basis of

the representation of the petitioner, dated 6/2/2017, after affording an

opportunity to the third respondent, within a period of twelve weeks,

from the date of receipt of a copy of this order. No costs.

7/1/2021

mvs.

Index: Yes/No

Internet: yes/No

Speaking/Non-speaking order

https://www.mhc.tn.gov.in/judis/ W.P.No.5305 of 2017

S.S.SUNDAR,J

mvs.

To

1. The Sub-Registrar Guduvanchery G.S.T.Road Kancheepuram District.

2. The Inspector General of Registrar Santhome High Road Chennai 600 004.

W.P.No.5305 of 2017

7/1/2021

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