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Madras High CourtWP(MD)/3890/2026disposed of

K.Renuga v. The Inspector General Of Registration

2026-02-12Honourable Mr Justice Krishnan Ramasamy6 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 12.02.2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.3890 of 2026 K.Renuga ... Petitioner Vs 1.The Inspector General of Registration, Registration Department, No.100, Santhome High Road, Chennai 600 028.

2.The District Registrar, Registration Department, Virudhunagar District.

3.The Sub Registrar, Sub Registrar Office, Thiruthangal, Virudhunagar District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to correct/rectify the Encumbrance Certificate relating to Document No. 6323 of 2025, registered at the Sub Registrar Office, Thiruthangal, by properly reflecting the petitioner's name on basis of the petitioner's representation dated 09.02.2026 and thereby, issue petitioner the Encumbrance Certificate within the time limit that may be stipulated by this Court.

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For Petitioner : Mr.J.Vishnu For Respondents : Mr.K.S.Selvaganesan, Additional Government Pleader

O R D E R

The present writ petition has been filed seeking a direction to the respondents to correct/rectify the Encumbrance Certificate relating to Document No.6323 of 2025, registered at the Sub Registrar Office, Thiruthangal, by properly reflecting the petitioner's name on the basis of her representation dated 09.02.2026 and consequently to issue a corrected Encumbrance Certificate to the petitioner within a time frame to be stipulated by this Court.

2. The learned counsel appearing for the petitioner would submit that the petitioner is the absolute owner of the subject property, having derived her right, title and interest through a partition decree passed by the Principal District Court, Srivilliputhur, Virudhunagar District in O.S.No.126 of 2025, dated 18.07.2025. The said decree was duly passed by the competent Civil Court and subsequently registered as a Court Order in the office of the Sub Registrar, Thiruthangal, vide Document No.6323 of 2025 dated 22.09.2025. It is further submitted that, while registering the said Court Order, a serious clerical and factual error has 2/6

occurred in the Encumbrance Certificate relating to the above document. Though the document is a Court decree for partition, the petitioner's name, which ought to have been reflected appropriately as claimant, has been wrongly entered in the executant/seller column and the names of the opposite parties have been wrongly reflected in the claimant/buyer column. Hence, the petitioner made a representation to the respondents on 09.02.2026 seeking rectification of the Encumbrance Certificate.

3. The learned Additional Government Pleader appearing for the respondents would submit that, pursuant to the representation, an order has already been passed and the errors have been rectified.

4. However, the learned counsel for the petitioner, by producing the rectification order, would submit that even in the rectified entry, confusion still persists, inasmuch as in the executant column both the names of the plaintiffs and the defendants have been mentioned and in the claimant column also the second plaintiff / petitioner herein as well as certain defendants' names have been reflected, thereby causing ambiguity in the Encumbrance Certificate.

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5. On instructions, the learned Additional Government Pleader would submit that, if so directed by this Court, the authorities concerned would suitably modify the entry by referring to the decree passed in O.S.No.126 of 2025 on the file of the Principal District Court, Srivilliputhur, Virudhunagar District and by mentioning the cause title of the said suit in both the executant and claimant columns, so as to avoid any confusion and to properly reflect the nature of the document as a Court decree for partition.

6. Recording the above submission, the respondents are directed to carry out necessary corrections in the Encumbrance Certificate relating to Document No.6323 of 2025, in the light of the decree passed in O.S.No. 126 of 2025 as expeditiously as possible.

7. Accordingly, the writ petition stands disposed of. No costs. 12.02.2026 Index : Yes/No Internet: Yes/No TSG 4/6

To 1.The Inspector General of Registration, Registration Department, No.100, Santhome High Road, Chennai 600 028.

2.The District Registrar, Registration Department, Virudhunagar District.

3.The Sub Registrar, Sub Registrar Office, Thiruthangal, Virudhunagar District.

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KRISHNAN RAMASAMY, J.

TSG W.P.(MD)No.3890 of 2026 12.02.2026 6/6