Muthupandi. P v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY P. Muthupandi ... Petitioner vs.

1. The Sub Registrar, Melapalayam, Tirunelveli District.

2. The Authorized Officer, State Bank of India, SARB Branch, Madurai.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the 1st respondent to include Plot No. 38, 39, 46, 47, 64, 65 comprised in Survey No. 655/1, Puthukulam Village, Palayamkottai Taluk, Tirunelveli District, measuring 18.18 cents (each plot measuring 3.03 cents) in the encumbrance certificate as per the letter given by the 2nd respondent dated 20.01.2024 and consequently direct the 2nd respondent to issue original sale certificate dated 28.12.2023 for 18.18 cents enabling the petitioner to register the same before the 1st respondent. For Petitioner : Mr.R.J.Karthick For R1 : Mr.S.Saji Bino Special Government Pleader 1/4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the 1st respondent to include Plot No. 38, 39, 46, 47, 64, 65 comprised in Survey No. 655/1, Puthukulam Village, Palayamkottai Taluk, Tirunelveli District, measuring 18.18 cents (each plot measuring 3.03 cents) in the encumbrance certificate as per the letter given by the 2nd respondent dated 20.01.2024 and consequently direct the 2nd respondent to issue original sale certificate dated 28.12.2023 for 18.18 cents enabling the petitioner to register the same before the 1st respondent.

2. This Court without expressing any opinion on merits is directing the official respondents to consider the petitioner's claim, 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.

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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 To

1. The Sub Registrar, Melapalayam, Tirunelveli District.

2. The Authorized Officer, State Bank of India, SARB Branch, Madurai.

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S.SRIMATHY , J.

Ksa ORDER MADE IN DATED : 08.08.2025 4/4