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Madras High CourtWP(MD)/1300/2026disposed of

Muthuraman P v. The District Registrar (Madurai North)

2026-01-22Honourable Mr Justice Krishnan Ramasamy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.1300 of 2026 P.Muthuraman ... Petitioner Vs 1.The District Registrar (Madurai North), Integrated Complex of Registration Department, TNAU Nagar, Rajakambiram, Y.Othakadai, Madurai - 625 107, Madurai District.

2.The Sub Registrar, The office of the Sub Registrar, Thallakulam, Madurai, Madurai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to make entry of the para 2 to 4 of the final order passed in W.P.(MD)No. 27242 of 2023, dated 25.08.2023, in the encumbrance certificate pertaining to the property in S.No.5/3D Managiri (Part-I) Madurai, Madurai District in the encumbrance certificate. For Petitioner : Mr.N.Tamilmani For Respondents : Mr.V.Om Prakash, Govt. Advocate 1/6

O R D E R

This Writ Petition is filed seeking a Mandamus as against the 2nd respondent to make entry of the para 2 to 4 of the final order passed in W.P.(MD)No.27242 of 2023, dated 25.08.2023, in the encumbrance certificate pertaining to the property in S.No.5/3D of Managiri (Part-I) Madurai, Madurai District.

2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. The learned counsel appearing for the petitioner would submit that the petitioner and his brother are in possession of the subject property. While so, a sale deed dated 13.02.2008, vide document No. 793/2008 was being registered before the office of the 2nd respondent pertaining to the subject property. Likewise, another sale deed dated 28.08.2008, registered as document No.3706/2008 registered before the office of 2nd respondent pertaining to the subject property. The same are reflected in the encumbrance certificate issued by the office of the 2nd respondent. Hence, the petitioner filed a petition before the 1st 2/6

respondent to cancel the registration of the said documents. After conducting elaborate enquiry, final order was passed by the 1st respondent on 09.08.2023, by cancelling the registration of document Nos.793/2008 and 3706/2008 under Section 77A of Registration Act. The 1st respondent further directed to made endorsement in schedule II of above said documents regarding the cancellation. Hence, the respondents in the above petition preferred appeal dated 25.09.2023 before the Inspector General of Registration, Chennai against the order passed by the 1st respondent. Thereafter, on 29.09.2023, the Inspector General of Registration, Chennai passed the circular No.3/2023, not to make any enquiry under Section 77A, till the final verdict come from larger bench. Hence, the respondents in the petition filed W.P.(MD)No.

27242 of 2023, before this Court seeking direction to dispose of their appeal pending before the Inspector General of Registration, Chennai and also seeking interim injunction vide W.M.P.(MD)No.23391 of 2023. At the time of admission, interim order was granted on 15.11.2023. The 2nd respondent entered the operative portion of the order in the encumbrance certificate. Since the main Writ Petition was disposed of on 25.08.2025, the petitioner requested the 2nd respondent to make entry of operative portion of the final order passed in the said Writ Petition.

this regard, the petitioner has also made a representation on 20.12.2025 to the 2nd respondent. Since the said representation was not considered, the petitioner has filed this Writ Petition.

4. The learned Government Advocate appearing for the respondents would submit that though the petitioner is the title owner of the property, petitioner's father was impleaded as one of the respondents in the above Writ Petition and the representation was also made by the petitioner's father. Therefore, the petitioner's father has to be impleaded as party to this Writ Petition. However, if any order is passed by this Court, the respondents will comply with the same.

5. Heard the learned counsel appearing on either side and perused the materials available on record.

6. On a perusal of the records, it is seen that the petitioner is the title holder of the subject property and on behalf of the petitioner only, the petitioner's father has made a representation. Therefore, there is no necessity to implead the petitioner's father as party to this Writ Petition. The grievance of the petitioner is that the 2nd respondent 4/6

entered the operative portion of the interim order in W.M.P.(MD)No. 23391 of 2023, in the encumbrance certificate. But the main Writ Petition was disposed of on 25.08. 2025. However, the 2nd respondent has not made any entry with regard to the final order in the encumbrance certificate. Once, the main Writ Petition was disposed of, the interim order will automatically come to an end. Therefore, the respondents supposed to make entry with regard to the final order in the encumbrance certificate. However, till date, they have not made any entry in the encumbrance certificate.

7. Hence, this Court directs the 2nd respondent to make entry of the para 2 to 4 of the final order passed in W.P.(MD)No.27242 of 2023, dated 25.08.2023 pertaining to the property in S.No.5/3D Managiri (Part-I) Madurai, Madurai District, within a period of one week from the date of receipt of a copy of this order.

8. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

22.01.2026 vsm Index : Yes/No NCC : Yes/No 5/6

KRISHNAN RAMASAMY, J.

vsm To 1.The District Registrar (Madurai North), Integrated Complex of Registration Department, TNAU Nagar, Rajakambiram, Y.Othakadai, Madurai - 625 107, Madurai District.

2.The Sub Registrar, The office of the Sub Registrar, Thallakulam, Madurai, Madurai District.

W.P.(MD)No.1300 of 2026 22.01.2026 6/6