Madras High CourtWP(MD)/6935/2025allowed

Subbiah v. The Sub Registrar

2025-08-08Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Subbiah ... Petitioner vs.

1. The Sub Registrar, Sub Registrar Office, Moolakkaraipatti, Tirunelveli District.

2.The PACL Limited Company, represented by its Managing Director.

(R2 is Impleaded Vide Court Order Dated 26.3.25) ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondent to remove the entry in the encumbrance certificate in respect of the property in survey No. 254/4B2 by considering the petitioner's representation dated 10.02.2025 with the time frame fixed by this Court.

For Petitioner : Mr. R.Anandharaj For R1 : Mr.S.Kameshwaran Government Advocate 1/4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the official respondent to remove the entry in the encumbrance certificate in respect of the property in survey No.254/4B2 by considering the petitioners representation dated 10.02.2025 with the time frame fixed by this Court.

2. This Court without expressing any opinion on merits is directing the official respondents to consider the petitioner's representation dated 10.02.2025 and pass orders in accordance to law within a period of four weeks from the date of receipt of a copy of this order. If the application is submitted under Section 77(A) of the Registration Act, the official respondents are directed to conduct an enquiry under Section 83 of the Registration Act, after issuing notice to all the parties and thereafter, pass orders in accordance to law within a period of four weeks from the date of receipt of a copy of this order.

3. With the above observations, this Writ Petition is allowed. There shall be no order as to costs.

08.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes Ksa 2/4

To The Sub Registrar, Sub Registrar Office, Moolakkaraipatti, Tirunelveli District.

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S.SRIMATHY , J.

Ksa ORDER MADE IN DATED : 08.08.2025 4/4