Rishikesvara v. The Deputy Inspector General Of Registration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Rishikesvara ... Petitioner Vs.
1.The Deputy Inspector General of Registration, Appellate Authority, Combined Registrar Office, St.Marks Street, Sankar Colony, Palayamkottai, Tirunelveli District.
2.The District Registrar (Administration), Registration Department, O/o.The District Registrar, Palayamkottai, Tirunelveli District.
3.The Sub Registrar, Sub Registrar Office, Kovilpatti, Thoothukudi District.
4.Srinivasaperumal 1/5
5.N.Ranjitha (R.5 is suo motu impleaded vide order of this Court dated 24.09.2025) ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove the remarks as made in the Encumbrance Certificate by the respondents with regard to Document No.3673/2021 and Document No.3674/2021 on the file of the third respondent office by considering petitioner's representation dated 24.08.2024 within a stipulated time that may be fixed by this Court. For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.M.Senthil Ayyanar Government Advocate for R.1 to R.3 Mr.B.Vinoth Kumar for R.5
ORDER
Heard the learned counsel for the writ petitioner, the learned Government Advocate appearing for the respondents 1 to 3 and the learned counsel appearing for the fifth respondent. 2/5
2.The fourth respondent filed a petition under Section 77A of the Registration Act, 1908 before the second respondent herein questioning the registration of Document Nos.3673 of 2021 and 3674 of 2021. The complaint of the fourth respondent was accepted, and an order dated 11.03.2022 was passed with certain adverse remarks against the writ petitioner. The said order was subsequently upheld by the first respondent vide order dated 26.04.2023. Challenging the same, the writ petitioner's vendor filed W.P(MD)No.18782 of 2023. The writ petition was allowed on 24.09.2024 and the orders passed by the respondents 2 and 1 herein were set aside.
3.The petitioner who is the subsequent purchaser wants those adverse entries to be erased from the encumbrance register. It is well settled that entries made in the encumbrance register cannot be ordered to be deleted. However, relief can be given to the writ petitioner herein to direct the third respondent herein to register the order dated 24.09.2024 made in W.P(MD)No.18782 of 2023 in a manner so that when application is sought for EC extract in respect of the petition mentioned 3/5
property, the order dated 24.09.2024 in W.P(MD)No.18782 of 2023 will also be duly reflected and shown.
4.This Writ Petition is allowed on these terms. No costs. 24.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To 1.The Deputy Inspector General of Registration, Appellate Authority, Combined Registrar Office, St.Marks Street, Sankar Colony, Palayamkottai, Tirunelveli District.
2.The District Registrar (Administration), Registration Department, O/o.The District Registrar, Palayamkottai, Tirunelveli District.
3.The Sub Registrar, Sub Registrar Office, Kovilpatti, Thoothukudi District.
4/5
G.R.SWAMINATHAN, J.
MGA 24.09.2025 5/5