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Madras High CourtWP(MD)/6154/2025disposed of

Mu. Pandiammal v. The Inspector General Of Registration

2025-08-25Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Mu.Pandiammal ... Petitioner Vs.

1. The Inspector General of Registration, O/o. the Inspector General of Registration,

2. The District Registrar, O/o. the District Registrar, Madurai District.

3.The Sub Registrar, Karunkalagudi, Madurai District.

4.The Director of Town and Country Planning, Directorate of Town and Country Planning, CMDA Office Complex, E & C, Market Road, Srinivasa Nagar, Virugambakkam, Koyambedu, 1/6

5.The Assistant Director/Member Secretary, District Town and Country Planning Office, Madurai.

.. Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove the encumbrances of the mortgage deed 27.12.1990 registered as Document No.1565 of 1990 and the order of attachment dated 12.02.2008 passed by the Principal Sub Court, Dindigul registered as Document No.01 of 2008 on the file of the Sub-Registrar, Sekkipatti from the encumbrance certificate the land to an extent of 58 Cents comprised in S.No.304/13B, Sekkipatti Village, Melur Taluk, Madurai District within the period that may be stipulated by this Court.

For Petitioners : Mr.H.Jasima Yasmin For Respondents : Mr.D.Sasikumar Additional Govt. Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the encumbrances of the mortgage deed 27.12.1990 registered as Document 2/6

No.1565 of 1990 and the order of attachment dated 12.02.2008 passed by the Principal Sub Court, Dindigul registered as Document No.01 of 2008 on the file of the Sub-Registrar, Sekkipatti from the encumbrance certificate qua the land to an extent of 58 Cents comprised in S. No.304/13B, Sekkipatti Village, Melur Taluk, Madurai District within the time frame.

2. The learned counsel for the petitioner had relied on the judgment rendered in W.P(MD)No.15567 of 2019 dated 22.08.2024 wherein it is stated that any mortgage created for the subject property cannot be a bar to register the property. As far as the attachment is concerned, the petitioner had relied on W.P(MD)No.8422 of 2021 dated 16.07.2021. Following the above orders, this Court is of the considered opinion that the petitioner is entitled to such relief. Therefore, this Court is directing the respondents to consider the petitioner's claim in the light of the above orders.

3. The petitioner is directed to submit a representation within a period of two weeks from the date of receipt of a copy of this order. On such submission, the respondents shall consider the petitioner's claim in the light of the above said two orders and pass appropriate orders within a 3/6

period of six weeks therefrom.

4. With these directions, this Writ Petition is disposed of. There shall be no orders as to Costs.

25.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes PJL To

1. The Inspector General of Registration, O/o. the Inspector General of Registration,

2. The District Registrar, O/o. the District Registrar, Madurai District.

3.The Sub Registrar, Karunkalagudi, Madurai District.

4.The Director of Town and Country Planning, Directorate of Town and Country Planning, CMDA Office Complex, E & C, Market Road, Srinivasa Nagar, 4/6

Virugambakkam, Koyambedu, 5.The Assistant Director/Member Secretary, District Town and Country Planning Office, Madurai.

5/6

S.SRIMATHY., J.

PJL 25.08.2025 6/6