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Madras High CourtWP/44426/2025disposed of

C.Asha v. The Additional Inspector General Of Registration

2025-11-17Honourable Mr Justice Krishnan Ramasamy8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-11-2025

CORAM

THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY C.Asha, W/o.T.Chandrasekhar, 32/7 1st Floor Flat No.3 Temple View Apartments, Kesava Perumal West Street, Mylapore, Chennai-600 004.

Petitioner(s) Vs 1.The Additional Inspector General Of Registration, 100, Santhome High Road, Mandavelipakkam, Raja Annamalaipuram, Chennai-600 028.

2.The District Registrar Central, 268, Bharathi Salai, Express Estate, Royapettah, Chennai-600 014.

3.Sub Registrar - Mylapore 9 Kavignar Bharathidasan Road, Seethammal Colony, Alwarpet, Chennai, Tamil Nadu-600 018.

Respondent(s)

PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, directing the 1 st respondent The Additional Inspector General of Registration to forthwith carry out the index correction in the Encumbrance Certificate relating to Survey No.1122/1, to reflect the Cancellation of Settlement Deed vide Document No.1040 of 1976 dated 27.07.1976, after affording an opportunity of hearing to the petitioner and consequently direct the competent Registrar to conduct an inquiry under Section 83 of the Registration Act, 1908 into the Release Deed (Document No.25 of 2011) and if found to be based on an annulled document to declare it fraudulent. For Petitioner :

Mr.K.Suresh Kumar For Respondent:

Mr.Abishek Murthy Government Advocate

ORDER

This writ petition has been filed by the petitioner seeking to direct the 1 st respondent, The Additional Inspector General of Registration to forthwith carry out the index correction in the Encumbrance Certificate relating to Survey No.1122/1, to reflect the Cancellation of Settlement Deed vide Document No.1040 of 1976 dated 27.07.1976, after affording an opportunity of hearing to

the petitioner and consequently direct the competent Registrar to conduct an inquiry under Section 83 of the Registration Act, 1908 into the Release Deed (Document No.25 of 2011) and if found to be based on an annulled document to declare it fraudulent.

2.Mr.Abishek Murthy, learned Government Advocate, takes notice on behalf of the respondents. By consent of the parties, the main writ petition is taken up for disposal at the admission stage itself. 3.Learned counsel for the petitioner would submit that the petitioner's grandfather Mr.C.Gnanasundaram, had executed a Settlement Deed vide Document No.5078 of 1972 on 10.09.1972 in favour of his grand-daughters and his cousin brother Sambandan. Thereafter being dissatisfied with the said settlement deed, he proceeded to revoke it by executing a Cancellation of Settlement Deed dated 27.07.1976 vide Document No.1040 of 1976, which was duly registered in the office of the Sub-Registrar, Mylapore. While so, the manual encumbrance certificate issued for the period from 01.01.1970 to

30.06.1982 reflected both the Settlement Deed dated 10.09.1972 and its subsequent Cancellation Deed dated 27.07.1976. However, the recent online encumbrance certificate applied on 09.09.2024 and 23.10.2025, have omitted the entries of the Settlement Deed and Cancellation Deed which was executed in the above mentioned survey number 1122/1. Therefore, the petitioner made representations to the respondents on 23.11.2024 and 22.12.2024 and despite 1 st respondent directed the respondent 2 and 3 to take necessary steps, till date no action has been taken to make the necessary corrections. Hence, the present writ petition has been filed.

4.Learned Government Advocate appearing for the respondents would submit that the representations of the petitioner dated 23.11.2024 and 22.12.2024 will be considered and disposed of at the earliest point of time. 5.Heard the learned counsel for the petitioner as well as the learned Government Advocate appearing for the respondents and perused the materials

available on record.

6.Considering the submissions made by either parties and in view of the limited prayer sought for in this writ petition, without going into the merits of the case, this Court directs the 2 nd respondent to consider the petitioner's representation dated 23.11.2024 and 22.12.2024 and take steps to make the necessary entries in the online encumbrance certificate regarding the settlement deed 10.09.1972 in Doc.No.5078 of 1972 and its subsequent Cancellation of Settlement Deed dated 27.07.1976 in Doc.No.1040 of 1976 as reflected in the manual encumbrance certificate, within a period of four weeks from the date of receipt of a copy of this order.

7.With the above directions, this writ petition is disposed of. No costs. 17-11-2025 rst Index:Yes/No Speaking/Non-speaking order

Internet:Yes To 1.The Additional Inspector General Of Registration, 100, Santhome High Road, Mandavelipakkam, Raja Annamalaipuram, Chennai-600 028.

2.The District Registrar, Central 268 Bharathi Salai, Express Estate, Royapettah, Chennai-600 014.

3.Sub Registrar, Mylapore 9 Kavignar Bharathidasan Road, Seethammal Colony, Alwarpet, Chennai, Tamil Nadu-600 018.

KRISHNAN RAMASAMY J.

rst

17-11-2025