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Madras High CourtWP(MD)/32795/2025disposed of

Tamilarasi G v. Deputy Inspector General Of Registration

2025-11-17Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.32795 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.32795 of 2025 G.Tamilarasi ... Petitioner Vs.

1. The Deputy Inspector General of Registration, O/o.Othakadai Registrar Office, 1st Floor, Madurai.

2. The District Registrar, District Registrar Office, Madurai.

3. The Sub Registrar, Sub Registrar Office, Usilampatti, Madurai.

4. Rajeshwari ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to remove the entry of order in Na.Ka. No.1404/A2/2022 dated 26.07.2022 and rectified order Na.Ka. No.1404/A2/2022 on 22.09.2022 issued by the second respondent which is wrongly entered in encumbrance certificate document No.183 of 1981 and document No.204 of 1981.

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2 W.P.(MD)NO.32795 OF 2025 For Petitioner : Ms.B.Bhuvaneshwari, for M/s.Ganesan Legist Law Firm.

For R-1 to R-3 : Mr.M.Senthil Ayyanar, Government Advocate.

* * *

O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Government Advocate appearing for the respondents 1 to 3.

2. The petitioner feels aggrieved by the petition-mentioned entries in the encumbrance register. She wants the same to be removed. Such relief cannot be granted. Once the entry is made in the encumbrance register, it cannot be deleted. However, the relief can be granted to the writ petitioner by permitting him to present the certified copy of the decree dated 01.09.2005 in O.S.No.155 of 1999 on the file of the District Munsif cum Judicial Magistrate No.1 Court, Usilampatti before the third respondent. The third respondent will issue notice to the fourth respondent who is none other than the 2/4

3 W.P.(MD)NO.32795 OF 2025 daughter of the defendant therein. The scope of the enquiry is limited to finding out if the decree dated 01.09.2005 has become final. The registering authority will ignore any submission to the effect that the appeal is going to be presented.

3. Once the registering authority is satisfied on this aspect, the decree dated 01.09.2005 shall be registered. Whenever an applicant applies for encumbrance certificate in respect of the petition-mentioned property, the aforesaid decree should be duly reflected. This writ petition stands disposed of on these terms. No costs.

17.11.2025 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/4

4 W.P.(MD)NO.32795 OF 2025 G.R.SWAMINATHAN,J.

PMU To:

1. The Deputy Inspector General of Registration, O/o.Othakadai Registrar Office, 1st Floor, Madurai.

2. The District Registrar, District Registrar Office, Madurai.

3. The Sub Registrar, Sub Registrar Office, Usilampatti, Madurai.

W.P.(MD)No.32795 of 2025 17.11.2025 4/4