Subburaj.R v. The District Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY R.Subburaj ... Petitioner vs.
1.The District Registrar, Madurai, Madurai District.
2.The Sub Registrar, Madurai South, Madurai District.
...Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to consider and pass appropriate orders on the petitioner's representation dated 16.04.2025 to register or record the mortgage payment receipt in respect of mortgage document Nos. 1557/1962, 4317/1965, 4060/1968 and 2073/1969 (which were duly recorded in the original mortgage deeds) in the encumbrance certificate of the lands in T.S.No.934, old ward No.1-A New Ward No.32, Pudhu Street, Anupanadi, Madurai District. For Petitioner : Mr.K.Dinesh For Respondents : Mr.S.Saji Bino Special Government Pleader
ORDER
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The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondents to consider and pass appropriate orders on the petitioner's representation dated 16.04.2025 to register or record the mortgage payment receipt in respect of mortgage document Nos.1557/1962, 4317/1965, 4060/1968 and 2073/1969 (which were duly recorded in the original mortgage deeds) in the encumbrance certificate of the lands in T.S.No.934, old ward No.1-A New Ward No.32, Pudhu Street, Anupanadi, Madurai District. 2.The learned Counsel appearing for the petitioner submitted that the property was registered as early as 1965 and the mortgage was registered as early as 1965. The mortgage was redeemed by paying the amount which is evident from the endorsement made in the backside of the document. However, the said receipt was not registered by the petitioner. Therefore, he is praying to direct the respondents to register the receipt so that the encumbrance certificate will reflect the discharge of the mortgage.
3.It is seen that such a positive direction cannot be granted. Therefore, this Court without expressing any opinion on merits is directing the (*)respondents 2/4
to consider the petitioner's plea and pass orders in accordance to law within a period of four weeks from the date of receipt of a copy of this order. 4.With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.
Sd/- Assistant Registrar(Cs-II) (*)amended as per order of this Court dated 16/07/2025 made in W.P(MD)No.
14069 of 2025.
Sd/- Assistant Registrar(Cs-II) // True Copy // / /2025 Sub Assistant Registrar (CS - I/ II / III /IV) Tmg To:
(*)To be substituted to the order already despatched on04/07/2025. 1.The District Registrar, Madurai, Madurai District.
2.The Sub Registrar, Madurai South, Madurai District.
+1 CC to M/s.K.DINESH, Advocate ( SR-32331[F] dated 06/06/2025 ) 3/4
+1 CC to M/s.SPL GP ( SR-32486[F] dated 06/06/2025 ) DATED : 05.06.2025 CT (24/06/2025) 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 RA - ( 19.08.2025) 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4