R.Saravanan v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-11-2025

CORAM

THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY R.Saravanan S/o.Ramamoorthi, Residing at 388, Road Street, Ranthinathankkal, Araiyalam Village, Arni Taluk, Tiruvannamalai District, Pin 632 336.

Petitioner(s) Vs The Sub Registrar, Office Of Sub Registrar, Arni, Pin 632 301.

Respondent(s) PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, directing the respondent herein to delete the wrong entry and rectify the Encumbrance Certificate by replacing it with the correct survey Number as per the registered mortgaged deed dated 21.6.2023 vide document No.6901 of 2023 to restore EC to its original position

in the names of the respective survey No.49/1A within the time frame. For Petitioner(s):

Mr.D.Babu Varadharajan For Respondent:

Mr.U.Baranidharan Special Government pleader

ORDER

This writ petition has been filed by the petitioner seeking to direct the respondent herein to delete the wrong entry and rectify the Encumbrance Certificate by replacing it with the correct survey Number as per the registered mortgaged deed dated 21.6.2023 vide document No.6901 of 2023 to restore EC to its original position in the names of the respective survey No.49/1A 2.Mr.U.Baranidharan, learned Special Government Pleader takes notice on behalf of the respondent. 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 owing a land measuring 2.44 cents in respect of Survey No.49/5 and 0.28 cents in respect of S.No.49/1A, situated at Araiyalam Madura, Ranthinathankkal Village, Arni Taluk, Tiruvannamalai District, which was acquired through the settlement deed executed by the petitioner's mother in his favour vide Doc.No.5107 of 2021. After the execution of settlement deed, the petitioner is in absolute possession and enjoyment of the subject property. While so, the adjacent land owner one Kolappan executed a mortgage deed dated 21.06.2023 to and in favour of Vistaar Private Financial Institution in respect of S.No.68/1, 49/1 and 49/2, situated at Araiyalam Village, Arni Taluk and Tiruvannamalai District.

When the petitioner applied for Encumbrance Certificate, he came to know that the mortgage entries has been reflected in respect of the petitioner's property. Therefore, the petitioner made a representation dated 18.09.2025 to the respondent requesting to correct the entries made in the encumbrance certificate since the petitioner's property was not mortgaged with the Vistaar Private Financial Institution. However, till date the representation of the petitioner has not been considered.

4.Learned Special Government Pleader appearing for the respondent would submit that the representation of the petitioner 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 Special Government Pleader appearing for the respondent 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 the present writ petition, without going into the merits of the case, this Court directs the respondent to consider the petitioner's representation dated 18.09.2025 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.

7.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 The Sub Registrar, Office Of Sub Registrar, Arni, Pin 632 301.

KRISHNAN RAMASAMY J.

rst

21-11-2025