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Madras High CourtWP/14739/2025disposed of

Vidya Nathan v. The Inspector General Of Registration

2025-04-28Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-04-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. Vidya Nathan W/o. Jothinathan, C-2, Oak Wood Apartments, No.25, Anderson Road, Nungambakkam, Chennai-600 006 Petitioner(s) Vs

1. The Inspector General Of Registration No.100, Santhome High Road, Chennai-600 028 2.The Sub-registrar Chennai Central Joint-II, Bharati Salai, Royapettah, Chennai-600 014 Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issue of writ of Mandamus directing the 2 nd respondent to remove the entry dated 26.09.2022, made in encumbrance certificate, for the property measuring an extent of 2020 sq. ft., situated comprised in No.25, Old No.2, previously Door

No.1, Andersen Street, Nungambakkam,Chennai-600 006, within a time frame fixed by this Court.

For Petitioner(s):

Mr.Harikrishnan.R For Respondent(s):

Mr.R.Sasikumar Government Advocate for R1 and R2

ORDER

This writ petition has been filed for the issue of writ of mandamus directing the 2 nd respondent to remove the entry made in the encumbrance certificate dated 26.09.2022 pursuant to the order passed in the execution proceedings in EP No.101 of 2013.

2.

Heard Mr.R.Harikrishnan, learned counsel for the petitioner and Mr.R.Sasikumar, learned Government Advocate for respondents 1 and 2. 3.

It is seen from records that the proceedings has ultimately ended before the learned Master on 11.11.2024 and the execution proceedings itself has been closed. Therefore, there is no justification to continue with the entry that was made in the encumbrance certificate wherein the attachment order was passed during the pendency of the execution proceedings. 4.

In view of the above, there shall be a direction to the 2 nd respondent

to remove the entry made on 26.09.2022 pursuant to the order of attachment passed in EP No.101 of 2013 by making necessary entry in the encumbrance certificate. This process shall be completed by the 2 nd respondent within a period of two weeks from the date of receipt of a copy of this order. 5.

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

28-04-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Inspector General Of Registration No.100, Santhome High Road, Chennai-600 028 2.The Sub-Registrar Chennai Central Joint-II, Bharati Salai, Royapettah, Chennai-600 014

N.ANAND VENKATESH J.

rka 28-04-2025