Shanthi v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Shanthi ...

Petitioner versus 1.The District Registrar, District Registrar Office, Dindivanam, Tamil Nadu - 604 001.

2.The Sub Registrar, Dindivanam Joint I, Sub Registrar Office, Dindivanam, Tamil Nadu - 604 001.

3.Alli(a) Kamalammal 4.Ravichandran 5.Sanbasha ...

Respondents (R-3 to R-5 impleaded vide order dated 19.06.2024 made in W.M.P.No.17570 of 2024 in W.P.No.14948 of 2024) Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the second respondent to remove the entry of the Mortgage Deed without possession registered as Document No.560/1984 on the file of the second respondent i.e. The Sub Registrar, Dindivanam Joint I, Dindivanam as an encumbrance on the property.

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For Petitioner :

Mr.B.Nithish Kumar for Mr.R.V.Babu For Respondent Nos.1 & 2 :

Mr.B.Vijay Additional Government Pleader

O R D E R

This Writ Petition is filed to direct the second respondent to remove the entry of the Mortgage Deed without possession registered as Document No.560/1984, as an encumbrance on the property. 2.

Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents 1 and 2 and perused the materials available on record.

3.

It is the grievance of the writ petitioner that she has purchased the property in the year 1996 and she is in possession of the property. However, as an encumbrance, there was an entry relating to the mortgage deed executed in the year 1984 by the respondents 3 and 4 in favour of the fifth respondent. Hence, according to the petitioner, the mortgage has not been in force as the period of limitation is also over. 2/5

4.

Since the respondents 3 and 4 are mortgagees, this Court has issued notice to the respondents 3 and 4, but they refused to receive the registered post. Hence this Court is of the view that the service has been properly done on them and hence inclined to dispose of the writ petition. 5.

As far as the direction sought to remove the entry relating to the mortgage by the Sub-Registrar is concerned, such prayer cannot be maintained in the Writ Petition. The entry in the encumbrance is only to inform the public with regard to the transactions that happened in respect of the particular survey number.

6.

In such view of the matter, the relief of seeking to remove the entry will not be maintainable. However, it is made clear that since the respondents 3 and 4 are also not appeared before this Court despite service of notice which would show that they are not interested in respect of the mortgage. Therefore, mere existence of entry in the encumbrance will not come in the way for the petitioner to deal with her property. 3/5

7.

With the above observations, this Writ Petition is disposed of. No costs.

24.07.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri To 1.The District Registrar, District Registrar Office, Dindivanam, Tamil Nadu - 604 001.

2.The Sub Registrar, Dindivanam Joint I, Sub Registrar Office, Dindivanam, Tamil Nadu - 604 001.

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N.SATHISH KUMAR , J.

sri 24.07.2024 5/5