Madras High Court
V.Rathinasamy vs The Sub Registrar on 8 April, 2021
W.P(MD)No.1778 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.04.2021
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P(MD)No.1778 of 2021
and
W.M.P.(MD).No.1509 of 2021
V.Rathinasamy ... Petitioner
Vs.
The Sub Registrar,
Sivakasi Sub Registrar Office,
Near Kamarajar Statue,
Sivakasi- 626 123,
Virudhunagar District. ... Respondent
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, for issuance of a Writ of Certiorarified Mandamus, to call for the
records of the impugned order of the respondent in Document No.95 of
2018, dated 25.09.2018 and quash the same as illegal and consequently
direct the respondent to appropriately modify the entries and records in
the respondent office in accordance with the Decree and Judgment in
O.S.No.11 of 2015 passed by the learned District Munsif, Sivakasi, dated
26.04.2018.
https://www.mhc.tn.gov.in/judis/
1/6
W.P(MD)No.1778 of 2021
For Petitioner : Mr.M.Kannan
For Respondent : Mr.K.Sathiyasingh
Additional Government Pleader
ORDER
This writ petition has been filed challenging the entry made in
the Encumbrance Certificate and for a consequential direction to make
the correct entry in line with the judgment and decree passed in O.S.No.
11 of 2015, dated 26.04.2018.
2. The petitioner purchased the subject property by virtue of
the registered sale deed dated 15.03.2010. A suit for partition came to be
filed in O.S.No.11 of 2015 on the file of the District Munsif, Sivakasi. A
judgment and decree was passed in this suit on 26.04.2018.
3. At paragraph No.6 of the decree, it was declared that the sale
that was made in favour of the petitioner is valid only insofar as half
share of the plaintiff and the remaining half share was declared to be null
and void. This decree was sent for registration before the respondent.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.1778 of 2021
4. The grievance of the petitioner is that when this decree was
registered on the file of the respondent as Doc.No.95/2018, the schedule
remarks made in the Encumbrance Certificate reflects as if the entire sale
deed executed in favour of the petitioner has been cancelled. According
to the petitioner, this remark goes against the decree that was passed by
the competent Civil Court.
5. The petitioner, aggrieved by the same, made a representation
to the respondent on 27.10.2020 to make the necessary corrections in the
Encumbrance Certificate. Since the same was not considered, the present
writ petition has been filed before this Court seeking for proper
directions.
6. Heard Mr.M.Kannan, learned counsel appearing on behalf of
the petitioner and Mr.K.Sathiya Singh, learned Additional Government
Pleader appearing for the respondent.
7. In the considered view of this Court, it would have been
more appropriate for the respondent to merely register the decree that
was passed by the District Munsif Court, Sivakasi, in O.S.No.11 of 2015.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.1778 of 2021
By making a remark in the Encumbrance Certificate, it sounds as if the
decree has nullified the entire sale deed executed in favour of the
petitioner. This remark runs contrary to the decree that was passed by the
Civil Court. The Civil Court has declared that the sale deed is valid only
insofar as the half share of the plaintiff is concerned and it was declared
as null and void with regard to the other half share. Therefore, it cannot
be construed as cancellation of the entire sale deed that was executed in
favour of the petitioner. Hence, the remarks made in the Encumbrance
Certificate requires clarity and it has to reflect the exact terms of the
decree, failing which, the petitioner will be aggrieved.
8. In view of the above, there shall be a direction to the
respondent to consider the representation made by the petitioner on
27.10.2020 and make the necessary corrections in the Encumbrance
Certificate in line with the observations made by this Court hereinabove.
9. This process shall be completed within a period of four(4)
weeks from the date of receipt of a copy of this order. The petitioner is
directed to make a fresh representation to the respondent along with a
copy of this order.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.1778 of 2021
10. This writ petition is disposed of with the above directions.
No Costs. Consequently, connected miscellaneous petition is closed.
08.04.2021
Index : Yes / No
Internet : Yes/ No
PJL
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.
To
The Sub Registrar,
Sivakasi Sub Registrar Office,
Near Kamarajar Statue,
Sivakasi- 626 123,
Virudhunagar District.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.1778 of 2021
N.ANAND VENKATESH, J.
PJL
W.P(MD)No.1778 of 2021
08.04.2021
https://www.mhc.tn.gov.in/judis/
