A.Sasi Kumar v. The District Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.04.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH WP No.14985 of 2025 A.Sasi Kumar Aged About 49 Years, S/o Of Elumalai Nayakkar, No. 32, Chinnakuttai Street, Thesumugipettai, Thirukkazhukundram, Chengalpattu District. - 603 109 Petitioner Vs
1. The District Registrar Chengalpattu District Registrar Office, Jck Nagar, Chengalpattu, Paranur, Tamil Nadu 603 002.
2.Joint Sub Registrar Sub Registrar Office, Chengalpattu Taluk, Chengalpattu District.
3.Sub Registrar Sub Registrar Office, Thirukalukundram Taluk, Thirukalukundram, Chengalpattu District - 603 109.
Respondent(s) Prayer:
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Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus, directing the Respondents to remove the entry in Encumbrance Certificate in respect of the mortgage in Document No.4504/2006, dated 09.08.2006 in respect of the petitioner's property in Nanja S. No. 136/3, measuring an extent of 1.30 acres in Thirukkazhukundram Taluk and Firka, Mambakkam Village in Kancheepuram District by considering his representation to the 1st Respondent, dated 10.03.2025.
For Petitioner :
Mr.Nithyaesh Natraj for Mr.Anirudh A. Sriram For Respondents :
Mr.U.Baranidharan Special Government Pleader *****
O R D E R
This writ petition has been filed for issue of a writ of mandamus directing the first respondent to act upon the representation made by the petitioner on 10.03.2025 wherein, the petitioner is seeking for removal of the entry made in the Encumbrance Certificate with respect to the Mortgage Deed dated 09.08.2006 which was registered as Document No.4504 of 2006 touching upon the subject property.
2. When the matter was taken up for hearing today, it was brought to the notice of this Court that the civil dispute between the parties ended in favour of the petitioner and others and the claim that was 2/4
made by the person who had created mortgage deed came to be negatived by this Court by judgment and decree dated 28.10.2024. The relevant judgement and decree passed by the Civil Court upto this Court has been included in the typed set of papers.
3. It is also seen that the patta now stands in the name of the petitioner and one Chandran in Patta No.883 with respect to the subject property.
4. In view of the above, the petitioner is directed to present the decree passed in S.A.No.553 of 2024 dated 28.10.2024 for registration before the third respondent. The same shall be entertained and registered subject to fulfilling the payment of necessary charges and on such registration, the earlier encumbrance entry made in Document No.4504 of 2006 dated 09.08.2006 will automatically get reversed. This Writ Petition is disposed of in the above terms. There shall be no order as to costs.
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N.ANAND VENKATESH.J., mk To
1. The District Registrar Chengalpattu District Registrar Office, Jck Nagar, Chengalpattu, Paranur, Tamil Nadu 603 002.
2.Joint Sub Registrar Sub Registrar Office, Chengalpattu Taluk, Chengalpattu District.
3.Sub Registrar Sub Registrar Office, Thirukalukundram Taluk, Thirukalukundram, Chengalpattu District - 603 109.
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