P.Suriya Kumari v. The Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.Suriya Kumari .. Petitioner Vs.

1.The Inspector General of Registration, Santhome High Road, Santhome,Chennai.

2. The District Registrar Office of the District Registrar Office, Public Office Compound, Pudukkottai.

3. The Sub-Registrar Office of Sub-Registrar Office, Pudukkottai.

4. M/s.Can Fin Homes Ltd., Rep. by its Authorised Signatory, B11, 2nd Floor, Star Towers, 12th Cross, Thillai Nagar, Trichy - 18.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the Respondent 1 - 3 to delete the entries of encumbrance vide Doc. No(s) 23 and 27 of 2025 dated 07.08.2025 and 18.09.2025 as to Charge in respect of Petitioners property from the Encumbrance Register maintained by the 3rd Respondent within a time frame stipulated by this Court.

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For Petitioner : Mr.T.Manikandan For R1 to R3 : Mr.P.Rajagopalan Government Standing Counsel For R4 : Mr.S.I.Muthiah

ORDER

The writ petition has been filed for a mandamus directing the respondents 1 to 3 123 to delete the entries of encumbrance vide Doc.No.(s) 23 and 27 of 2025, dated 07.08.2025 and 18.09.2025.

2. The grievance of the petitioner is that earlier when the petitioner owed money to the fourth respondent, there was no mortgage created over the subject property. The fourth respondent approached this Court by filing W.P. (MD) No. 19158 of 2023, and this Court, by its order, directed that the charge in favour of the fourth respondent be reflected in the encumbrance records of the property. Accordingly, the necessary entries were made in the encumbrance records. Subsequently, the petitioner has discharged the entire loan due to the fourth respondent, and there is no subsisting charge or encumbrance in favour of the fourth respondent with reference to the subject property. 2/5

3. When the matter came up for admission, Mr.S.I.Muthiah, learned counsel taking notice on behalf of the fourth respondent, would submit that the entire loan amount due to the fourth respondent has been satisfied and the fourth respondent has no objection for granting the relief to the petitioner.

4. I have considered the rival submissions made on either and perused the materials on record.

5. As held by the Hon'ble Division Bench of this Court, the Encumbrance Certificate should reflect all transactions and even relating to the property, and there is no question of deleting the entries already made. Subsequent to the order passed in the writ petition, it has now been reported before this Court that there is no subsisting charge over the property, as the entire loan amount due to M/s. Can Fin Homes Ltd. has been discharged. The said fact is accordingly recorded in this order. The petitioner is at liberty to present a certified copy of this order before the respondent for registration. Upon such presentation, the same shall be registered and reflected in the Encumbrance Certificate, thereby redressing the petitioner's grievance.

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6. In view thereof, this writ petition is disposed on the following terms: (i) The fact that the charges as mentioned during the proceedings in W.P(MD)No.19158 of 2023 no longer exists and the petitioner has paid the entire amount due to the fourth respondent is recorded. The petitioner will be entitled to present a certified copy of this order before the Sub-Registrar and the same shall be duly entered in the encumbrance by following the due process.

7. The writ petition is ordered accordingly. No costs. 24.06.2026 am NCC: No To 1.The Inspector General of Registration, Santhome High Road, Santhome,Chennai.

2. The District Registrar Office of the District Registrar Office, Public Office Compound, Pudukkottai.

3. The Sub-Registrar Office of Sub-Registrar Office, Pudukkottai.

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D.BHARATHA CHAKRAVARTHY, J.

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