Banumathy v. The District Registrar

ORDER Heard both sides.

2.The petitioner had availed loan from the third respondent. The mortgage account has been settled. The third respondent is directed to issue discharge certificate and also have the same registered before the 2nd respondent. The petitioner's father in law's brother availed mortgage loan from the third respondent. The petitioner is interested in the matter because the borrower had executed a Will in favour of the petitioner. Since the mortgage account has been settled, the third respondent is directed to issue discharge certificate in favour of the petitioner and the same also shall be registered by the second respondent as expeditiously as possible.

3.This writ petition is allowed. No costs.

21.12.2023 Index : Yes / No Internet : Yes / No Skm

G.R.SWAMINATHAN, J. SKM WP(MD)No.28036 of 2023

21.12.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2023 CORAM THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.28036 of 2023 Banumathy ... Petitioner vs. 1.The District Registrar, Madurai. 2.The Joint Sub Registrar IV, Madurai (South) Joint IV. 3.The Authorised Officer, The Madura Hindu Permanent Fund Ltd., Ramaiah Main Street, Jaihindpuram, Madurai – 625 011. ...Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 and 2 to cancel the entry in Encumbrance Certificate in respect of the Plot No.19 situates in S.No. 83/5A3, D.No.10A/8 in Madakulam Village, Thirupparangunram Taluk, Madurai District measuring 912 Sq.Ft. based on the representation dated 13.10.2023. For Petitioner : Mr.N.Mohan For Respondents : Mr.M.Sidharthan, Additional Government Pleader for R1 and R2