J.Yogambal v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH J.Yogambal W/o.Jayasekar ... Petitioner Vs.

The Sub Registrar, Pammal, Chengalpet District.

... Respondent Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondent to receive and register the partition release deed dated 25.02.2025 in respect of Survey Nos.12/1C-10 ares and 12/1E-5.50 ares both agricultural lands situate at Koul Bazaar Village, Pallavaram Taluk, Chengalpattu District and on registration of the same release the same to the petitioner. For Petitioner : Mr.N.Suresh For Respondent : Mr.B.Vijay Additional Government Pleader *****

O R D E R

This writ petition has been filed seeking issuance of a writ of 1/4

mandamus directing the respondent to receive and register the partition release deed dated 25.02.2025 pertaining to the subject property.

2. Heard Mr.N.Suresh, learned counsel for petitioner and Mr.B.Vijay, learned Additional Government Pleader appearing for respondent.

3. Learned Special Government Pleader, based on the written instructions received from the respondent, submitted that the petitioner has not produced the encumbrance certificate from the year 1929 onwards in order to verify if there are any encumbrances in the property.

4. In the considered view of this Court, the demand made by the respondent is impractical and unnecessary. The parties are only entering into a partition release deed among themselves and therefore, whatever encumbrance certificate is normally produced at the time of registration will suffice and it is unnecessary to take the encumbrance certificate from the year 1929 onwards.

5. In the light of the above discussion, the usual encumbrance certificate shall be furnished at the time of registration of document and 2/4

on receipt of the same, the document shall be registered, if it is otherwise in order.

This writ petition is disposed of with the above direction. No costs.

18.03.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To The Sub Registrar, Pammal, Chengalpet District.

N.ANAND VENKATESH, J gm 3/4

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