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Madras High CourtWP/40334/2025disposed of

V.Shanmugam v. District Registrar (Administration)

2025-10-30Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-10-2025

CORAM

THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY V.Shanmugam, S/o.Late Venu Mudaliar, No.89, Kulakkarai Street, Thirumullaivoyal, Chennai 600 062.

Petitioner(s) Vs 1.District Registrar (Administration), North Chennai, Chennai 600 104.

2.The Sub Registrar, Office Of Sub Registrar, Avadi, Ambattur.

3.Tmt.Rosammal, Daughter Of Late V.Venugopal, Wife Of Selvaraj, No.7, 3 rd Anna Street, Thirumullaivoyal, Chennai 600 062.

Respondent(s)

PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, directing the respondents to remove the adverse entries made in the Encumbrance Certificate in pertaining to registered instruments viz., (i) Settlement Deed Document No. 2373 of 1990 registered as Sub Registrar Ambattur and (ii) Partition Deed registered as Document No. 2161 of 2013 and to restore the two registered instruments to its original stage by considering the petitioner's representation dated 18.02.2025. For Petitioner(s):

Mr.P.Saravanan For Respondent:

Mr.Stalin Abhimanyu Additional Government Pleader for R1 & R2

ORDER

This writ petition has been filed by the petitioner seeking to direct the official respondents to remove the adverse entries made in the Encumbrance Certificate regarding the registered instruments viz., (i) Settlement Deed Document No. 2373 of 1990 registered as Sub Registrar Ambattur and (ii) Partition Deed registered as Document No. 2161 of 2013 and to restore the two registered instruments to its original stage by considering the petitioner's representation dated 18.02.2025.

2.The grievance of the petitioner before this Court is that the representation of the petitioner dated 18.02.2025 has not been considered by the respondents 1 & 2, so far.

3.Learned Additional Government Pleader appearing for the respondents 1 & 2 would submit that the petitioner made a representation to remove the adverse entries regarding the registered instruments viz., (i) Settlement Deed Document No. 2373 of 1990 registered as Sub Registrar Ambattur and (ii) Partition Deed registered as Document No. 2161 of 2013. However, the entries already made cannot be removed but it can be neutralized, which has to be decided by the respondents 1 & 2 by considering the petitioner's representation and he seeks four weeks time to dispose of the representation. 4.Heard the learned counsel for the petitioner as well as the learned Additional Government Pleader appearing for the respondents 1 & 2.

5.This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the respondents 1 & 2 to consider and decide the same on merits and in accordance with law. Accordingly, this writ petition is disposed of, only by directing the respondents 1 & 2, to consider the representation of the petitioner dated 18.02.2025 and pass orders on the same on merits and in accordance with law after issuing notice to all the parties concerned. Such exercise shall be carried out by the respondents 1 & 2 within a period of four weeks from the date of receipt of a copy of this order. No costs. 30-10-2025 rst Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.District Registrar (Administration), North Chennai, Chennai 600104.

2.The Sub Registrar, Office Of Sub Registrar, Avadi, Ambattur.

KRISHNAN RAMASAMY J.

rst 30-10-2025