← Library
Madras High CourtWP/45071/2025disposed of

C.Sridharan v. The District Registrar

2025-11-21Honourable Mr Justice Krishnan Ramasamy7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-11-2025

CORAM

THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY C.Sridharan, S/o.Chinnasamy, Rajaji Nagar, Kallakurichi 606 202, Kallakurichi District.

Petitioner(s) Vs 1.The District Registrar, Registration Department, Kallakurichi - 606 202, Kallakurichi District.

2.The Sub Registrar, Sub Registrar Office, Thiyagadurgam, Kallakurichi District.

Respondent(s) PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, directing the 2nd respondent to delete the wrong entry made as Doc. No. 1 of 2025 dated 06.02.2025 in respect of property of the petitioner measuring 3.81 acres in R.S.No.446/5A, Prithivimangalam Village, Kallakurichi Taluk and District in the absence of an order of attachment dated 26.02.2025 made in EP No. 201 of 2024 in O.S. No. 461 of 2018 passed by the Ld. Principal Sub Court, Kallakurichi by considering his representation dated 25.07.2025.

For Petitioner(s):

Mr.N.Manokaran For Respondent:

Mr.Abishek Murthy Government Advocate

ORDER

This writ petition has been filed by the petitioner seeking to direct the 2nd respondent to delete the wrong entry made as Doc. No. 1 of 2025 dated 06.02.2025 in respect of property of the petitioner measuring 3.81 acres in R.S.No.446/5A, Prithivimangalam Village, Kallakurichi Taluk and District in the absence of an order of attachment dated 26.02.2025 made in EP No. 201 of 2024 in O.S. No. 461 of 2018 passed by the Ld. Principal Sub Court, Kallakurichi, by considering his representation dated 25.07.2025. 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 is the owner of the agricultural lands measuring 3.81 acres in R.S.No.446/5A, Prithivi Mangalam Village, Kallakurichi Taluk and District by virtue of a sale

deed dated 27.02.2020 executed by Maheswari. The petitioner's vendor Maheswari purchased 3.87 acres in R.S.No.466/5A under a sale deed dated 23.02.2018 from one Gopal. She retained 6 cents of lands and sold the remaining 3.81 acres of land to the petitioner. While so, One Bangarusamy filed O.S.No.461 of 2018 on the file of the learned Sub Court, Kallakurichi against N.Gopal for recovery of Rs.3,00,000/- on the basis of a promissory note dated 10.10.2015. The said suit was decreed on 27.09.2023. The decree holder filed E.P.No.201 of 2024 to execute the decree in O.S.No.461 of 2018 and proceeded to attach three items measuring 1.17.5 Hrs, in R.S.No.446/9 on 05.02.2025. 4.He would further submit that the petitioner's property in R.S.No.446/5A is item No.2 in E.P.No.

201 of 2024 but there was no order of attachment in respect of the petitioner's property in R.S.No.446/5A. However, the order of attachment has been communicated to the 2nd respondent and reflected in the Encumbrance Certificate of the petitioner's property as Doc.No.1 of 2025. After knowing the said fact, the petitioner submitted a representation dated 25.07.2025 to the respondents requesting to correct the entries made in the encumbrance certificate since the petitioner's property was not under attachment in E.P.No.201 of 2024. However, till date the representation of the petitioner has not been complied with.

5.Learned Government Advocate appearing for the respondents would

submit that the representation of the petitioner will be considered and disposed of at the earliest point of time.

6.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.

7.Considering the submissions made by either parties and in view of the limited prayer sought for in the present writ petition, without going into the merits of the case, this Court directs the 2nd respondent to consider the petitioner's representation dated 25.07.2025 on merits and in accordance with law and dispose of the same within a period of four weeks from the date of receipt of a copy of this order.

8.With the above direction, this writ petition is disposed of. No costs. 21-11-2025 rst Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Registrar, Registration Department, Kallakurichi 606 202, Kallakurichi District.

2.The Sub Registrar, Sub Registrar Office, Thiyagadurgam, Kallakurichi District.

KRISHNAN RAMASAMY J.

rst WP No. 45071 of 2025 21-11-2025