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Madras High CourtWP(MD)/7932/2026disposed of

Anburaj v. The District Registrar

2026-03-25Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 25.03.2026

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY Anburaj ... Petitioner Vs.

1.The District Registrar, District Registration Office, Karur, Karur District.

2.The Sub Registrar, Sub Registrar Office, Tharagampatti, Karur District.

3.The Branch Manager, City Union Bank, Nadupatti Branch Trichirapalli District.

...Respondents

Writ Petitions are filed under article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the 1st and 2nd respondents to the 1s and 2nd respondents to remove the encumbrance entry in Serial No.22, in Survey No.460/6C1C with an extent of 650 sq.ft., situated at Mullipadi Village, Karur Taluk & District by considering the petitioner's representation dated 06.03.2026.

For Petitioner :Mr.M.Ramu For R1 & R2 :Mr.A.Baskaran Additional Government Pleader

ORDER

This writ petition is filed for a mandamus to remove the encumbrance entry in Serial No.22 in Survey No.460/6C1C2 to an extent of 650 square feet situated at Mullipadi Village, Karur Taluk & District. 2.The learned counsel for the petitioner submitted that the petitioner earlier had mortgaged the property with the third respondent bank and he has redeemed it. Under the said circumstances, the present entry in Serial No.22, cannot be made by the registering authorities and therefore, when he has made a representation dated 06.03.2026, the same is not being considered.

3.When the matter came up for hearing, the learned Additional Government Pleader appearing on behalf of the respondent would submit that the entry has been made pursuant to the interim injunction order that is passed by the Debt Recovery Tribunal at Madurai in I.A.No.1878 of 2024, in OA.No.168 of 2024. It can be seen that O.A.No.168 of 2024 has been filed by the City Union Bank, against the petitioner Anburaj.

4.In the said case, it is pleaded on behalf of the Bank that the mortgage property was not enough for realization of the debts and therefore, it sought for attachment of the other property belonging to the defendants. The petitioner is one of the defendants. The DRT has passed the order of interim injunction. Therefore, if at all the petitioner has got any grievance, the petitioner has to file an appropriate application before the said Tribunal. The contention that the mortgage is redeemed, cannot be considered by the Sub- Registrar, since the same is taken into consideration by the DRT and only by way of attaching the other properties, the DRT has passed the order of injunction. Once the Court passed an order of injunction, it is for the Sub Registrar to comply with the same and the aggrieved party can only approach the Court.

5.In view thereof, giving liberty to the petitioner to ventilate his grievance in the pending original application before the Debt Recovery Tribunal. This writ petition stands disposed of. No costs. 25.03.2026 NCC:Yes/No Ns

D.BHARATHA CHAKRAVARTHY, J.

Ns To 1.The District Registrar, District Registration Office, Karur, Karur District.

2.The Sub Registrar, Sub Registrar Office, Tharagampatti, Karur District.

25.03.2026