Madras High Court
Famitha Banu vs The Inspector General Of Registration on 5 December, 2023
Author: P. Velmurugan
Bench: P.Velmurugan
W.P.No.33810 of 2023
judgment dated 05.12.2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 05.12.2023
Coram:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.P.No.33810 of 2023
--
Famitha Banu .. Petitioner
Vs.
1. The Inspector General of Registration,
No.100, Santhome High Road,
Mulima Nagar, Mandavalipakkam,
Raja Annamalaipuram, Chennai-600 028.
2. The Sub-Registrar, Kodambakkam,
No.37/5, 5th Street, 100 Feet Road,
Kodambakkam, Chennai-600 024. .. Respondents
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.
For petitioner : Mr.C.V.Kumar
For respondents: Mr.R.P.Murugan Raja, Govt. Advocate
ORDER
This Writ Petition is filed praying for issuance of a simple Writ of Mandamus to direct
the respondents herein to consider petitioner's representation dated 10.10.2023 and
https://www.mhc.tn.gov.in/judis
judgment dated 05.12.2023
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.
2. 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.
3. 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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judgment dated 05.12.2023
4. With the above direction, the Writ Petition is disposed of. There shall be no order as
to costs.
05.12.2023
cs
To
1. The Inspector General of Registration,
No.100, Santhome High Road,
Mulima Nagar, Mandavalipakkam,
Raja Annamalaipuram, Chennai-600 028.
2. The Sub-Registrar, Kodambakkam,
No.37/5, 5th Street, 100 Feet Road,
Kodambakkam, Chennai-600 024.
https://www.mhc.tn.gov.in/judis
judgment dated 05.12.2023
P. VELMURUGAN, J
cs
05.12.2023
https://www.mhc.tn.gov.in/judis
