V.Seethalakshmi v. The Inspector General Of Registration And Stamps
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.No.29039 of 2025 V.Seethalakshmi, W/o.R.Vijayashankar ... Petitioner Vs.
1.The Inspector General of Registration and Stamps, No.100, Santhome High Road, Chennai - 600 028.
2.The District Registrar (Administration), District Registrar Office, South Chennai, Nandanam, Chennai - 600 035.
3.The Sub Registrar, Pammal Registration Office, Thiruneermalai Main Road, Pammal, Chennai - 600 075.
4.The District Registrar, Tambaram District Registrar Office, 47/8, Venkatesan Street, 1/7
Tambaram (West), Chennai - 600 045.
5.Dinesh, S/o.Vijayashankar 6.Seethalakshmi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the respondents 1 to 4 to rectify the entry in the encumbrance certificate, by removing the term "revocation of settlement deed" and including appropriate entry, mentioning the fraudulent registrations with respect to the petitioner's property, pursuant to the 3rd respondent's letter vide Na.Ka.No.155 of 2021 dated 16.07.2021. For Petitioner : Mr.S.Sundaresan For Respondents :
For R1 to R4 : Mr.U.Baranidharan Special Government Pleader
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 the 5th and 6th respondents is dispensed with. 2/7
2. The present writ petition is filed for a writ of mandamus, to direct the respondents 1 to 4 to rectify the entry in the Encumbrance Certificate, by removing the term "Revocation of Settlement Deed" and including appropriate entry, mentioning the fraudulent registrations with respect to the petitioner's property, pursuant to the 3rd respondent's letter vide Na.Ka.No.155 of 2021 dated 16.07.2021.
3. It is the case of the petitioner that petitioner purchased the subject property vide a Sale Deed dated 19.02.1996 registered as Doc.No.1032 of 1996 on the file of the Sub Registrar Office, Pallavaram. While so, 6th respondent by impersonation, had executed a fraudulent Settlement Deed dated 29.04.2021 bearing Doc.No.4340 of 2021 on the file of the Sub Registrar Office, Pammal, Chennai in favour of 5th respondent. Thereafter, the same was cancelled by the 3rd respondent viz., Revocation of Settlement Deed bearing Doc.No.6055 of 2021 dated 14.07.2021 and the same was communicated to the petitioner's neighbour vide his proceedings bearing Na.Ka.No.155/2021 dated 16.07.2021. 3.1. Learned counsel for the petitioner would submit that the petitioner wants an entry to be made in the Encumbrance Certificate by removing the term 3/7
"Revocation of Settlement Deed", and to mention that the Settlement Deed registered as Doc.No.4340 of 2021 is a fraudulent document. Hence, the present writ petition.
4. At the outset, it is submitted by the learned Special Government Pleader for the 1st to 4th respondents that the petitioner may file a protest letter with the 3rd respondent stating that she is the absolute owner of the property and the 3rd respondent ought not to make any entry in the Encumbrance Certificate without consent of the petitioner, which should protect the petitioner's interest. Learned counsel for the petitioner agreed to the above suggestion. 4.1. Learned Special Government Pleader would further submit that if the petitioner makes a fresh representation to the 2nd respondent, the same would be considered and appropriate orders would be passed within a time frame that may be fixed by this Court, which was agreed to by the learned counsel for the petitioner.
5. In view thereof, taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, while permitting 4/7
petitioner to make a fresh representation, there shall be a direction to the 2nd respondent, to consider the representation if any being filed by the petitioner, on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner, the 5th and 6th respondents and to any other interested persons/stake holders, within a period of six (6) weeks from the date of receipt of a representation from the petitioner. It is made clear that this Court has not expressed any views with regard to the merits of the matter and it is open to the 2nd respondent to consider the matter on its own merits and in accordance with law.
6. This writ petition, is thus, disposed of. No costs. Connected miscellaneous petition is closed.
18.07.2025 Speaking (or) Non Speaking Order arb 5/7
To 1.The Inspector General of Registration and Stamps, No.100, Santhome High Road, Chennai - 600 028.
2.The District Registrar (Administration), District Registrar Office, South Chennai, Nandanam, Chennai - 600 035.
3.The Sub Registrar, Pammal Registration Office, Thiruneermalai Main Road, Pammal, Chennai - 600 075.
4.The District Registrar, Tambaram District Registrar Office, 47/8, Venkatesan Street, Tambaram (West), Chennai - 600 045.
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MOHAMMED SHAFFIQ, J.
arb and W.M.P.No.29039 of 2025 18.07.2025 7/7