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Madras High CourtWP/12078/2026disposed of

S.Eswari v. The Sub Registrar

2026-04-01Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-04-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE S.Eswari ..Petitioner(s) Vs The Sub Registrar Joint-IV, Department of Registration Kanchipuram District-631 502 ..Respondent(s) Writ petition is filed under Article 226 of the Constitution of India seeking for issuance of a writ of mandamus to direct the 1st respondent the Sub Registrar, Kanchipuram to delete /remove the entry relating to Document No.1466/1975 dated 23.09.1975 insofar as it pertains to S.No.495/6 measuring 0.39 cents situated at Edayarpakkam village, Kanchipuram District, from the records and encumbrance register maintained by him. For Petitioner(s):

Ms.S.S.Jayanthi For Respondent(s):

Ms.K.Aswini Devi, AGP

ORDER

The learned counsel for the petitioner has made an endorsement in the court bundle seeking liberty for the petitioner to approach the civil court for deletion/removal of the entry relating to Document No.1466/1975, dated 23.09.1975 for the property morefully disclosed in the prayer to this writ petition.

2. The petitioner contends that she is the absolute owner of the subject property having purchased the same under the sale deed dated 20.02.2020 registered as Document No.775/2020. The petitioner claims that the property in question is the subject matter of the land acquisition. According to the petitioner, in view of the erroneous entry of the sale deed dated 23.09.1975 registered as Document No.1466/1975 in the Encumbrance Certificate, the petitioner is not in a position to get the compensation amount.

3. Since the petitioner seeks for removal of the entry reflected in the Encumbrance Certificate, namely, sale dated 23.09.1975 registered as Document No.1466/1975, the petitioner's remedy is only to approach the competent Civil Court.

4. The learned counsel for the petitioner has also agreed for the same, and she has also made an endorsement to that effect in the court bundle. However, she would submit that since the petitioner became aware of the entry of the sale dated 23.09.1975 registered as Document No.1466/1975 only recently, a direction may be issued to the Civil Court to entertain the suit to be filed by the petitioner as if the suit is filed within the period of limitation.

5. This Court is not expressing any opinion on the merits of the petitioner's contention with regard to limitation. However, necessarily, the limitation issue will have to be considered by the Civil Court after giving due consideration to the claim of the petitioner that she became aware of the sale dated 23.09.1975 registered as Document No.1466/1975 only recently, and thereafter, the Civil Court shall decide as to whether the civil suit filed by the petitioner is within the period of limitation or not.

6. For the foregoing reasons, this writ petition is disposed of by directing the petitioner to approach the competent Civil Court, in terms of the endorsement made by the learned counsel for the petitioner. No Costs. 01-04-2026 RKM To The Sub Registrar Joint-IV, Department of Registration Kanchipuram District-631 502

ABDUL QUDDHOSE, J.

RKM 01-04-2026