Sigamani.G v. The Sub Registrar,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR G.Sigamani ... Petitioner Vs., The Sub Registrar, Paramakudi Sub Registrar Office, Ramanathapuram District.
... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondent to remove the entry of the mortgage deed dated 17.05.99 from the encumbrance certificate in respect of the shop bearing D/No.5/132, Old Survey No.113/785, New Ward No.17, TS No.132, Ward G, Block 15 Angalammana Koil Street, Paramakudi, Ramnad District and to include the name of the petitioner by considering the petitioner's representation dated 31.03.2022 and 22.04.2022.
For Petitioner : Mr.I.Robert Chandrakumar For Respondent : Mr.B.Subbaraj Special Government Pleader
ORDER
The writ petition has been filed for issuance of writ of mandamus directing the respondent to remove the entry of the mortgage deed dated 17.05.99 1/4
from the encumbrance certificate in respect of the shop bearing D/No.5/132, Old Survey No.113/785, New Ward No.17, TS No.132, Ward G, Block 15 Angalammana Koil Street, Paramakudi, Ramnad District and to include the name of the petitioner by considering the petitioner's representation dated 31.03.2022 and 22.04.2022.
2. The prayer sought for by the petitioner could not be granted by this Court, since the Registering authority has no power to remove the entry already made in the encumbrance certificate. However, the petitioner is directed to present the decree of mortgage deed granted in O.S.No.88 of 2016 dated 21.08.2018 before the respondent. On receipt of such presentation, the respondent is directed to register the same within a period of one week thereafter.
3. With the above observation, the Writ Petition is disposed of. No costs. 09.08.2024 NCC : Yes/No Index : Yes/No Rmk To The Sub Registrar, Paramakudi Sub Registrar Office, Ramanathapuram District.
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N.SATHISH KUMAR , J.
Rmk 09.08.2024 4/4