M.Jeyandrappa v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-02-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. M.Jeyandrappa S/o.Madhanagiriyappa, Door No.1/37, Mugalur Village And Post, Hosur Taluk, Krishnagiri District Petitioner(s) Vs

1. The District Registrar District Registrar Office, Krishnagiri 2.The Sub Registrar Sub Registrar Office, Denkanikottai635 107, Krishnagiri District 3.SRINIVASAPPA S/o.Gurappa Kavudu, Mugalur Village And Post, Hosur Taluk, Krishnagiri 4.Sathar Khan S/o.Abdul Rahmankhan, No.386, Ganga Nagar, Bengaluru South, Bengaluru 5.Rashid Khan

S/o.Abdul Rahmankhan, No.1/59, Zaheer Karupalli Village, Denkanikottai Taluk, Krishnagiri Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to delete the entry with regard to the document No.1659/1980 evidencing the registration of land by one Srinivasan to and infavour of Sathar Khan and Rashid khan in survey No.32/3 which was erroneously mentioned as Survey No.3/2 in the sale deed dated 10.7.1980 as document No.1659/1980 on the file of the 2nd respondent herein as per the entry made in SL.No.1 of the Encumbrance Certificate dated 28.12.2024 for the period 1.1.1975 to 27.12.2024 in respect to the petitioners property admeasuring about 5.86 Hectares comprised in survey No.3 situated in Nagappan Agraharam, denkanikottaiTaluk, Krishnagiri District within a time frame For Petitioner(s):

R. BHARATH KUMAR T.VEDI R.ESWARAN R.DIVYAPREATHIKA A.AMBEDKAR K.RAJKUMAR U.RAMYA For Respondent(s):

P. Harish Ga

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the respondents to delete the entry made with respect to the document No.1659 /1980 by correcting the survey number as 32/3 which was erroneously mentioned as 3/2 in the Sale deed dated 10.07.1980. 2.

Heard Mr.R.Bharath Kumar, learned counsel for the petitioner and Mr.P.Harish, learned Government Advocate, for respondents. 3.

The learned Government Advocate appearing on behalf of respondents submitted that such entry was made in the encumbrance certificate only based on the document that was registered. 4.

In the considered view of this Court, the registering authority does not have any power to delete or correct any entry that has been made in the encumbrance certificate. If such correction is to be made, it can only be based on a rectification deed through which the survey number can be rectified. If that

is done, automatically the survey number that is mentioned in the rectification deed will be reflected in the Encumbrance Certificate. If that is not done, the registering authority cannot correct the entries made in the encumbrance certificate since no such power is vested under the Registration Act. 5.

When this Court issues directions by way of writ of Mandamus, such direction must be relatable to a power available under some Act or Rules. If there isno such power available, this Court cannot issue directions to perform an act which is not authorised by law. This has to be kept in mind while exercising the jurisdiction under Article 226 of the Constitution of India. 6.

In the light of the above discussion, the relief as sought for by the petitioner cannot be granted by this Court. It is left open to the petitioner to get the survey number corrected by way of presenting a document for rectification. 7.

This writ petition is disposed of in the above terms. No costs. 28-02-2025 rka

To 1.The District Registrar District Registrar Office, Krishnagiri 2.The Sub Registrar Sub Registrar Office, Denkanikottai635 107, Krishnagiri District Index:Yes/No Speaking/Non-speaking order Internet:Yes

N.ANAND VENKATESH J.

rka 28-02-2025