Muthukumarasamy v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2025 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.3453 of 2025 1..Muthukumarasamy 2.Mrs.Vimala ....

Petitioners -Vs1.The Revenue Divisional Officer Tiruppur North 2.The Sub-Registrar Nallur, Tiruppur District.

3.The Canara Bank Rep.by its Senior Manager Palladam Road, Tiruppur Main ..Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 and 2 conduct enquiry from the 3rd respondent and delete the attachment entry made in the Encumbrance Certificate in property in S.F.No.47 situated at Veerapandi village,Tiruppur North Taluk, Tiruppur District to an extent of 2.65.0 hectare as per the representation of the petitioners dated 10.2.2024 within stipulated time. 1 / 4

For Petitioners :

Mr.B.Gopalakrishnan For Respondents :

Mr.A.Selvendran Special Government Pleader for R1 Mr.P.Harish Government Advocate for R2

O R D E R

This writ petition has been filed for the issue of a Writ of Mandamus directing the 1st and 2nd respondents to conduct enquiry and to delete the entry made in the Encumbrance Certificate pertaining to an order of attachment passed in the year 1985.

2.Heard Mr.B.Gopalakrishnanm learned counsel for the petitioners, Mr.A.Selvendran, learned Special Government Pleader for R1 and Mr.P.Harish, learned Government Advocate for R2.

3.In the considered view of this Court, the present writ petition is hit by latches. The entry was made in the Encumbrance Certificate in the year 1985. Thereafter admittedly, a judgment and decree was passed in O.S.No.38 of 1991 in favour of the 3rd respondent in a suit filed for recovery of money. 4.It is the specific case of the petitioners that the amount was settled to the 3rd 2 / 4

respondent bank and inspite of the same, the entry that was made while attaching the property continues to be reflected in the Encumbrance Certificate. 5.The sale deed was executed in favour of the 1st petitioner in the year 1996 inspite of such an entry reflected in the Encumbrance Certificate. This only shows that the order of attachment never came in the way and it has been virtually reversed due to the subsequent sale deeds that were entertained and registered. Hence to come before this Court in the year 2025 and seek for a direction to remove the entry made in the Encumbrance Certificate 40 years back, will be like whipping a dead horse. A writ of mandamus should not be wasted for giving such directions. 6.In the result, this writ petition stands dismissed. No costs. 03.02.2025 2/2 Index : Yes/No NCS : Yes/No KP To 1.The Revenue Divisional Officer Tiruppur North 2.The Sub-Registrar Nallur, Tiruppur District.

3.The Canara Bank Rep.by its Senior Manager Palladam Road, Tiruppur Main 3 / 4

N.ANAND VENKATESH, J.

KP Writ Petition No.3453 of 2025 03.02.2025 4 / 4