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Madras High CourtWP(MD)/18918/2022dismissed

Sivamuthu K v. The Inspector General Of Registration

2024-08-16Honourable Mr Justice N. Sathish Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR K.Sivamuthu ... Petitioner Vs.

1.The Inspector General of Registration, Office of the Inspector General of Registration, Santhome Highways Road, Chennai.

2.The Deputy General of Registration, Office of the Deputy General of Registration, Rajagampiram, Y.Othakadai, Madurai.

3.The District Registrar (Registration), Virudhunagar District, Virudhunagar.

4.The Sub Registrar, Sub-Registrar Office, Sivakasi, Virudhunagar District.

.... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the third respondent to cancel the illegal wrong entry made by the fourth respondent in Encumbrance Certificate in connection with petitioner's property situated in Survey Nos.1538/4, 1544 & 1546 at Enjar Revenue Village Sivakasi Taluk, Virudhunagar District in 1/4

the light of the petitioner representation dated 05.07.2022 within the stipulated time fixed by this Court.

For Petitioner : No Appearance For Respondents : Mr.M.Siddarthan Additional Government Pleader

O R D E R

This Writ Petition has been filed to cancel the illegal wrong entry made by the fourth respondent in the encumbrance certificate in connection with the petitioner's property in Survey Nos.1538/4, 1544 and 1546 at Enjar Revenue Village Sivakasi Taluk, Virudhunagar District in the light of the petitioner's representation dated 05.07.2022.

2.There is no representation for the petitioner, when the matter is taken up for hearing today.

3.The learned Additional Government Pleader appearing for the respondents, on instructions, submits that in the encumbrance certificate the entry regarding encumbrance over the subject property has been made only as per the orders of the civil Court in O.S.No. 27 of 2014 and 51 of 2021. 2/4

4.In view of the above submission, since the entry made in the encumbrance certificate as per the orders of the competent civil Court cannot be directed to be removed, this writ petition is dismissed as not maintainable. No costs.

16.08.2024 NCC : Yes/No Index : Yes/No ta To 1.The Inspector General of Registration, Office of the Inspector General of Registration, Santhome Highways Road, Chennai.

2.The Deputy General of Registration, Office of the Deputy General of Registration, Rajagampiram, Y.Othakadai, Madurai.

3.The District Registrar (Registration), Virudhunagar District, Virudhunagar.

4.The Sub Registrar, Sub-Registrar Office, Sivakasi, Virudhunagar District.

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N.SATHISH KUMAR, J.

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