Chelliah vs The Inspector General Of ...
2021 Latest Caselaw 10288 Mad

                                                                             W.P.(MD)No.12707 of 2012
                                                         Chelliah v. The Inspector General of Registration

                            BEFORE THE MADURAI BENCH OF MADRAS HIGH Court
                                                 DATED: 22.04.2021
                                                       CORAM:
                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                             W.P.(MD)No.12707 of 2012
                                            (Through Video Conferencing)


                     Chelliah                                                     ... Petitioner

                                                          Vs.

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

                     2.The District Registrar,
                       Pudukottai.

                     3.The Sub Registrar,
                       Keeranur                                                   ... Respondents


                     PRAYER: Writ Petition is filed under Article 226 of the Constitution of
                     India for issuance of a Writ of Mandamus to direct the respondents to pay a
                     compensation of Rs.25,00,000/- (Rupees twenty five lakhs only) to the
                     petitioner and direct the 3rd respondent to set aside the sale deed executed by
                     Mayandi and Mariyappan in favour of the petitioner.



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https://www.mhc.tn.gov.in/judis/
                                                                                 W.P.(MD)No.12707 of 2012
                                                             Chelliah v. The Inspector General of Registration

                                     For Petitioner      :Mr.P.Ganapathi Subramanian
                                     For Respondents :Mr.K.Sathiya Singh



                                                            ORDER

This writ petition has been filed seeking for compensation from the

respondents on the ground that the petitioner on verification of the

encumbrance certificate proceeded to purchase the property, since no

encumbrance was shown and subsequently, it came to light that the property

has already been sold. Therefore, according to the petitioner, he has

sustained loss in the transaction and he was also forced to undergo the

agony of facing a criminal case.

2. Heard the learned counsel for the petitioner and the learned

Additional Government Pleader for the respondents.

3. The third respondent has filed a counter affidavit in this case. A

stand has been taken in the counter affidavit to the effect that the petitioner

https://www.mhc.tn.gov.in/judis/ W.P.(MD)No.12707 of 2012 Chelliah v. The Inspector General of Registration

never applied for an encumbrance certificate in his name. The encumbrance

certificates that are referred by the petitioner was applied by one V.Karnan

and the certificate was issued only to him. It is true that this Court in

R.Ravichandran v. The State of Tamil Nadu, (2002) 2 LW 590 has held

that a writ petition can be maintained for the purpose of claiming

compensation, where there is a gross negligence in issuing an encumbrance

certificate, where the relevant entries have been omitted to be mentioned.

This judgment was also subsequently reiterated in Joint Sub-Registrar

No.II, Joint Sub Registrar II Office, Villuppuram and others v. Anna

Matha Teachers' Training Institute, rep. by the Correspondent, reported in

(2015) 2 CTC 584. While rendering this judgment, this Court also took into

consideration the subsequent order passed by the Government in

G.O.Ms.No.90, dated 08.12.2014 through which online facilities were

introduced to verify the encumbrance and take copies. This Court held that

the authorities are expected to furnish the correct details, failing which, a

person can be put to hardship, while undertaking the process of entering into

a transaction.

https://www.mhc.tn.gov.in/judis/ W.P.(MD)No.12707 of 2012 Chelliah v. The Inspector General of Registration

4. Unfortunately in the present case, the petitioner has not applied for

any encumbrance certificate in his name. Therefore, this Court is not in a

position to grant compensation to the petitioner based on the application

made by some other person named Karnan. Since the case involves disputed

questions of fact, this Court cannot undertake the exercise of giving any

finding on such disputed facts.

5. In view of the above, this Court is not inclined to grant the relief

sought for by the petitioner. Accordingly, this writ petition is closed. No

costs.

                                                                                               22.04.2021
                     Index        : Yes/No
                     Internet     : Yes
                     RR

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

https://www.mhc.tn.gov.in/judis/ W.P.(MD)No.12707 of 2012 Chelliah v. The Inspector General of Registration

To

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

2.The District Registrar, Pudukottai.

3.The Sub Registrar, Keeranur

https://www.mhc.tn.gov.in/judis/ W.P.(MD)No.12707 of 2012 Chelliah v. The Inspector General of Registration

N.ANAND VENKATESH, J.

RR

W.P.(MD)No.12707 of 2012

22.04.2021

https://www.mhc.tn.gov.in/judis/