Dhatchayani v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.11889 of 2025 DHATCHAYANI No.8A/573, Varavathi Street, Thirumani, Cheyyar, Thiruvannamalai- 604 504.

Petitioner Vs

1. The Collector, The Master Plan Complex, Collectorate, Vilupuram-605 602.

2.The Tahsildar, Valathi Hospital Road, Villupuram-604 208.

3.The Sub Registrar Valathi Hospital Road, Villupuram-604 208.

4.VJAYAKEERTHI No.195/1, E, Ve, Ra Street, Vallalar Nagar, Ranipettai-632 401.

5.SUMATHI W/o.Vijayakeerth, No.195/1, E, Ve, Ra Street, Vallalar Nagar, Ranipettai-632 401.

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6.CHARULAKSHMI D/o.Vijayakeerthi, No.195/1, E, Ve, Ra Street, Vallalar Nagar, Ranipettai-632 401.

Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the 3rd respondent to delete the following entries from the books maintained by him under the Registration Act 1) Settlement Deed dated 20.08.2015 registered as Doc.No.948/2015 on the file of SRO, Valathi, Villupuram, 2)Release Deed dated 22.11.2023 registered as Doc. No.1949/2023 on the file of SRO, Valathi, Villupuram. 3) Release Deed Dated 22.11.2023 registered as Doc.No.1950/2023 on the file of SRO, Valathi Villupuram.

4) Release Deed dated 19.01.2024 registered as Doc No.72/2024 on the files of SRO, Valathi, Villupuram with regard to property comprised in Survey No.191/2 measuring an extent of 2842 Sq.ft, Villupuram District, Thindivanam, Valathi, Senji Vattam, Kooduvampoondi Village. For Petitioner : Mr.P.Aravind Subramaniam, Senior Counsel for Mr.Mohamed Sajid For Respondents : Mr.U.Baranidharan Special Government Pleader [R1 to R3] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the third respondent to delete the entries made 2/6

during registration of various documents from the year 2015 to 2024 with respect to the subject property.

2. Heard Mr.P.Aravind Subramaniam, learned Senior Counsel appearing for petitioner and Mr.U.Baranidharan, learned Special Government Pleader appearing for respondents 1 to 3.

3. The grievance of the petitioner, who claims to be a differently abled person, is that she is the absolute owner of the subject property, whereas, the private respondents have dealt with the property and created various documents from the year 2015 to 2024. When the petitioner approached the District Collector in this regard, the District Collector directed the petitioner to work out her remedy before the civil Court. Hence, the petitioner submitted a complaint before the third respondent not to register any documents pertaining to the subject property. The same was also not considered. It is under these circumstances, the present writ petition has been filed before this Court.

4. Taking into consideration the facts and circumstances of the case and the materials placed before this Court, it is quite evident that the 3/6

third respondent does not have the power and jurisdiction to delete the entries made in the encumbrance certificate since such deletion will result in cancellation of documents, which have already been registered from the year 2015 to 2024. Therefore, the petitioner has to necessarily work out her remedy only before the competent civil Court and seek for a declaration and consequential reliefs. If, in the mean time, any alienation is sought to be made, the petitioner can always seek for an interim relief not to alienate the property and create any further encumbrance pending disposal of the suit. Except giving this liberty, no further orders can be passed in this writ petition.

This writ petition is disposed of with the above terms. No costs. Consequently, connected miscellaneous petition is closed. 27.03.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm 4/6

To

1. The Collector, The Master Plan Complex, Collectorate, Villupuram-605 602.

2.The Tahsildar, Valathi Hospital Road, Villupuram-604 208.

3.The Sub Registrar Valathi Hospital Road, Villupuram-604 208.

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N.ANAND VENKATESH, J gm 27.03.2025 6/6