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Madras High CourtWP/32532/2024dismissed

Manimekkalai M v. The Inspector General Of Registration

2024-11-07Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :07.11.2024 THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No.32532 of 2024 Manimekkalai M.

... Petitioner Vs

1. Inspector General of Registration, Office of the Inspector General of Registration, 100, Santhome High Road, Mylapore, Foreshore Estate, Chennai, Tamil Nadu-600 028.

2.The District Registrar, Office of the District Registrar, Coimbatore District.

3.The Sub-Registrar, Office of the Sub-Registrar, Sulur-641 402, Coimbatore District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking Writ of Mandamus directing the 3rd respondent to consider the representation of the petitioner dated 24.09.2024 and 1/5

directing the 3rd respondent to remove the wrong entry made in the encumbrance certificate in respect of the property comprised in Survey No.8/1, to an extent of 1.08 hectares situated at ArasurVillage, Sulur Taluk, Coimbatore, based on the petitioner's representation dated 24.09.2024, within the time frame fixed by this Court. For Petitioner : Mr.Suryakumar, K.

For Respondents : Mr.M.Shahjahan Special Government Pleader

ORDER

This Writ Petition is filed for a Mandamus directing the 3rd respondent to consider the representation of the petitioner dated 24.09.2024 and directing the 3rd respondent to remove the wrong entry made in the encumbrance certificate in respect of the property comprised in Survey No.8/1, to an extent of 1.08 hectares situated at ArasurVillage, Sulur Taluk, Coimbatore, based on the petitioner's representation dated 24.09.2024, within the time frame fixed by this Court.

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2. The case of the petitioner that the petitioner seeks to correct the entry made pursuant to the order of the Court dated 03.04.2009 in O.S.No.313 of 2007, on the file of the Sub-Court, Tiruppur, by filing this writ petition for a Mandamus.

3. Heard the learned counsel on either side.

4. Since the entry made in the encumbrance certificate has been effected by order of the Civil Court, the remedy available to the petitioner is only to approach the Court which passed the order. He cannot invoke the jurisdiction of this Court under Article 226 of the Constitution of India to delete such an entry. Therefore, this writ petition is dismissed. There shall be no order as to costs. 07.11.2024 Index : Yes/No Speaking order/non-speaking order ssn 3/5

P.T.ASHA, J., ssn To

1. Inspector General of Registration, Office of the Inspector General of Registration, 100, Santhome High Road, Mylapore, Foreshore Estate, Chennai, Tamil Nadu-600 028.

2.The District Registrar, Office of the District Registrar, Coimbatore District.

3.The Sub-Registrar, Office of the Sub-Registrar, Sulur-641 402, Coimbatore District.

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