P.Murugan v. The District Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ P.Murugan ... Petitioner(s) Vs.
1. The District Registrar, Tambaram District Registrar Office, No.47/8, West Tambaram, Chennai 600 045.
2. The Sub-Registrar, Tambaram, SH 49, Sabai Colony, Sembakkam, Rajakilpakkam, Chennai 600 073.
... Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents herein to incorporate the order of this Hon'ble Court dated 29.01.2025 made in W.P.No.1755/2024, in the Encumbrance Certificate and make necessary entry stating that sale certificate issued and registered as Doc.No.1097 of 2000 is quashed and set aside.
For Petitioner(s) : Mr.M.Arunkumar For Respondent(s) : Mr.U.Baranidharan Special Government Pleader 1/5
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
2. The present writ petition is filed praying for a writ of mandamus, to direct the respondents herein to incorporate the order of this Court in W.P.No.1755/2024 dated 29.01.2025, in the Encumbrance Certificate and make necessary entry stating that sale certificate issued and registered as Doc.No.1097 of 2000 is quashed and set aside.
3. It is submitted by the learned counsel for the petitioner that the petitioner is the owner of the property in Plot No.69, Harita Enclave, comprised in Survey No.384/1A1 and 1A2, admeasuring 3160 sq.ft., situated in Tambaram Village, Kancheepuram District, registered as Doc.No.249/1999, dated 22.01.1999, on the file of SRO, Tambaram.
3.1. It is submitted by the learned counsel for the petitioner that the petitioner filed a writ petition in W.P.No.1755 of 2024, challenging the order dated 27.12.2023 passed by DRAT in R.A(S.A) No.49 of 2013 against order dated 14.03.2013 in S.A.No.95 of 2009. This Court vide order dated 29.01.2025 2/5
had passed the following order :
"26.
In the circumstances, the proceedings initiated in respect of the said plot of land of petitioner is null and void. Since the sale notice itself has been held invalid, sale certificate pursuant to an invalid sale notice is also null and void and so also, registered document no.1097 of 2009 on the file SRO, Tambaram. Consequently, impugned order dated 27.12.2023 is also quashed and set aside."
3.2. Pursuant to the order of this Court, the petitioner approached the 1st respondent herein, to incorporate the order passed by this Court in W.P.No.1755 of 2024 in the Encumbrance Certificate. However, the same has not been considered till date. Aggrieved by the same, the present writ petition has been filed before this Court.
4. At the outset, it is submitted by the learned Special Government Pleader that the petitioner has not submitted any representation. If any such representation is submitted by the petitioner the same would be considered and appropriate orders would be passed within a time period to be fixed by this Court, which was agreed to by the learned counsel for the petitioner.
5. In view thereof, it is open to the petitioner to submit a representation to the concerned respondent. If any such representation is submitted the same shall be considered by the concerned respondent and appropriate orders shall be 3/5
passed within a period of 3 weeks from the date of receipt of petitioner's representation. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law.
6. Accordingly, the writ petition stands disposed. No costs. 12.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No spp To:
1. The District Registrar, Tambaram District Registrar Office, No.47/8, West Tambaram, Chennai 600 045.
2. The Sub-Registrar, Tambaram, SH 49, Sabai Colony, Sembakkam, Rajakilpakkam, Chennai 600 073.
4/5
MOHAMMED SHAFFIQ, J.
spp 12.06.2025 5/5