T.Srilatha v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No.23998 of 2025 T.Srilatha ... Petitioner Vs.
1.The Inspector General of Registration, Registration Department, Government of Tamil Nadu, No.100, Santhome High Road, R.A.Puram, Chennai-600 028.
2.The District Registrar (Administration), Chengalpattu, 10, Kancheepuram High Road, Chengalpattu -603 002.
3.The Sub Registrar, Acharapakkam, 71, Bazaar Street, Acharapakkam, Chengalpattu District -603301.
4.L.Prema
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to 1/5
consider and pass orders on the petitioner's representation dated 11.01.2025 for removing/deleting the entry of three agreements for sale all dated 31.12.2013, registered as Document Nos.147, 148 and 149 of 2014 from the Encumbrance Register and pass orders.
For Petitioner(s) : Mr.S.Sarath Kumar For Respondent(s) : Mr.U.Baranidharan Special Government Pleader for R1 to R3
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to respondent No.4 is dispensed with.
2. The present writ petition is filed praying for a writ of mandamus to direct the respondents 1 to 3 herein to consider and pass orders on the petitioner's representation dated 11.01.2025 for removing/deleting the entry of three agreements for sale all dated 31.12.2013, registered as Document Nos.147, 148 and 149 of 2014 from the Encumbrance Register. 2/5
3. It is submitted by the learned counsel for the petitioner as well as learned Special Government Pleader for respondents 1 to 3 that the issue in this writ petition stands covered by a Judgment of this Court in W.P.No.16430 of 2024, dated 25.06.2024, wherein it was held as under: "3. It is the case of the petitioner that he entered into a Sale Agreement on 03.04.2000 with the 2nd respondent and the time of its enforcement is one year. However, the said agreement has not been enforced so far. In view of the entry relating to the said agreement reflects in the Encumbrance Certificate, further transaction cannot be proceeded with. Hence, the present writ petition.
4.This Court is of the view that a direction to remove the entry cannot be given, for the simple reason that such entry is based on the registered sale agreement. Hence, such direction as a matter of right, cannot be sought. However, it is made clear that mere registration of the agreement, will not be a bar for subsequent transaction. This has been clearly held by a Division Bench of this Court in N.Ramayee v Sub Registrar [(2020) 6 CTC 697)] "
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4. In view thereof, the writ petition stands disposed of in the above terms. There shall be no order as to costs.
03.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No mrn To:
1.The Inspector General of Registration, Registration Department, Government of Tamil Nadu, No.100, Santhome High Road, R.A.Puram, Chennai-600 028.
2.The District Registrar (Administration), Chengalpattu, 10, Kancheepuram High Road, Chengalpattu -603 002.
3.The Sub Registrar, Acharapakkam, 71, Bazaar Street, Acharapakkam, Chengalpattu District -603301.
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MOHAMMED SHAFFIQ, J.
mrn W.P. No.23998 of 2025 03.07.2025 5/5