Mr.Thamba Rao Moova vs The Inspector General Of Registration
2024 Latest Caselaw 18718 Mad

Madras High Court

Mr.Thamba Rao Moova vs The Inspector General Of Registration on 23 September, 2024

                                                                                    W.P.No.27874 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 23.09.2024

                                                           CORAM

                                  THE HONOURABLE MR.JUSTICE S.SOUNTHAR

                                                     W.P.No.27874 of 2024

                     Mr.Thamba Rao Moova                                                ... Petitioner
                                                             vs.

                     1. The Inspector General of Registration,
                        Tamil Nadu Registration Department,
                        No.100, Santhome High Road,
                        Chennai - 600 028.
                     2. The District Registrar (Central Chennai),
                        Triplicane, Chennai - 600 005.
                     3. The Sub-Registrar,
                        No.576, Mogappair West,
                        Chennai - 600 037.                                           ... Respondents
                     PRAYER: Writ Petition is filed under Article 226 of the Constitution of
                     India, to issue a Writ of Mandamus, directing the third respondent to remove
                     the entry of court order of attachment dated 28.01.2003 passed in
                     I.A.No.219 of 2003 in O.S.No.46 of 2003 by the learned XVII Assistant
                     Judge, City Civil Court, Chennai, pertaining to the Schedule mentioned
                     property, from the Encumbrance Register being maintained by the third
                     respondent on the strength of the judgment and decree passed in O.S.No.46
                     of 2003.
                                    For Petitioner       : Mr.K.Pradeep
                                    For R1 to R3         : Mr.T.Chezhiyan
                                                           Additional Government Pleader

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https://www.mhc.tn.gov.in/judis
                                                                                        W.P.No.27874 of 2024



                                                            ORDER

The petitioner herein seeks a direction to the third respondent to

remove the entry with regard to attachment order dated 28.01.2003 passed

by the learned XVII Assistant Judge, City Civil Court, Chennai in

I.A.No.219 of 2003 in O.S.No.46 of 2003, on the ground that the main suit

itself was disposed of.

2. The learned counsel for the petitioner submits that the main suit in

O.S.No. 46 of 2003 was dismissed as setted out of court on 06.12.2004.

Therefore, the interim order of attachment automatically goes on dismissal

of the suit.

3. The learned Additional Government Pleader on written instructions

from the third respondent vide letter No.442 of 2024 dated 20.09.2024,

submits that the judgment passed by the concerned Court in O.S.No.46 of

2003 was received from the petitioner and the same was also indexed in the

office of the third respondent's Court Order File No.17/2024 mentioning the

raising of attachment. Therefore, the petitioner can verify the same in the

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

Encumbrance Certificate.

4. The copy of the letter issued by the third respondent is scanned and

reproduced below:-

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

5. In view of the fact that the disposal of the main suit has now been

reflected in the Encumbrance certificate, the same will protect the interest of

the petitioner and hence, no further orders need to be passed in this writ

petition.

6. The above submission made by the learned Additional Government

Pleader is recorded and the Writ Petition stands disposed of accordingly.

No costs.

23.09.2024

Index : Yes/No Speaking order:Yes/No Neutral Citation:Yes/No av

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

To

1. The Inspector General of Registration, Tamil Nadu Registration Department, No.100, Santhome High Road, Chennai - 600 028.

2. The District Registrar (Central Chennai), Triplicane, Chennai - 600 005.

3. The Sub-Registrar, No.576, Mogappair West, Chennai - 600 037.

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

S. SOUNTHAR, J.

av

23.09.2024

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