Madras High Court
Vaizul Karunai vs The Inspector General Of ... on 17 April, 2021
W.P.No.32135 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2021
CORAM
THE HON'BLE MR.JUSTICE R. SURESH KUMAR
Writ Petition No.32135 of 2018
Vaizul Karunai ... Petitioner
-Vs-
1.The Inspector General of Registration
Office of the Inspector General of Registration
Santhome High Road, Mylapore, Chennai 600 004.
2.The Assistant Inspector General of Registration
Office of the Assistant Inspector General of
Registration, Guindy, Chennai.
3.The Sub Registrar
Office of the Sub-Registrar
Neelangarai, Chennai. ... Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying for a
Writ of Mandamus to direct the 3rd respondent to made endorsement of the
judgment and decree dated 19.09.2014 in O.S.No.507/2014 on the file of the
Principal Judge, Alandur, relating to the petitioner's property in the office of the
Sub Registrar, Neelangarai.
For Petitioner : Mr.J.Feroze Khan
For Respondents : Mr.P.Purushothaman, Government Advocate
ORDER
The prayer sought for herein is for a Writ of Mandamus to direct the 3rd
respondent to made endorsement of the judgment and decree dated 19.09.2014 in
O.S.No.507/2014 on the file of the Principal Judge, Alandur, relating to the
petitioner's property in the office of the Sub Registrar, Neelangarai.
2. The case of the petitioner is that, the petitioner's father purchased a
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W.P.No.32135 of 2018
property ie., house site in Plot No.25, V.G.P.Golden Beach Part III Layout approved
with Approval No.LPDM/DDTP No.150/74 comprised in S.No.15/1C as per Patta
No.373 Survey No.15/113 of Injambakkam Village, Saidapet Village (now
Sholinganallur Taluk), Kancheepuram and the same was registered as Doc.No.215
of 2003 on the file of Joint I Sub Registrar, Chennai North and patta was also issued
in Patta No.5818. Subsequently, a third party by name D.Selvam said to have
created a forged sale agreement unmindful of the fact that the property having
been purchased by the petitioner's father and on the strength of the said sale
agreement he has filed a suit in O.S.No.507 of 2014 on the file of the Principal
District Munsif, Alandaur where he was able to get an interim injunction for the said
property in I.A.No.912 of 2014 and the said order of injuction was produced by the
said third party to the third respondent, Sub Registrar Office, Neelangarai, and the
same was entered in the Encumbrance Record.
3. Subsequently, the said third party Selvam, in view of the compromise
seems to have been entered into between the petitioner's father and the said third
party, has withdrawn the suit. Accordingly, the suit was dismissed as withdrawn on
19.09.2014 and subsequently the petitioner's father died on on 20.03.2015.
Thereafter the petitioner, having inherited the property in question and having
obtained the certified copy of the decree and judgment made in O.S.No.507 of
2014, produced the same to the third respondent office for recording the same in
Encumbrance Record by removing the earlier encumbrance record. Despite the
said request made on 04.06.2018, where the petitioner has produced the certified
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W.P.No.32135 of 2018
copy of the decree and judgment as stated supra for recording the same in the
Encumbrance Record, since the third respondent has not acted upon, the petitioner
has approached this Court by filing this writ petition with the aforesaid prayer.
4. Heard Mr.Feroze Khan, learned counsel for the petitioner, who has
reiterated the aforesaid facts and seeks the indulgence of this Court to direct the
respondents to consider the representation of the petitioner dated 04.06.2018.
5. Heard Mr.P.Purushothaman, learned Government Advocate, who would
submit that, if at all the encumbrance was recorded by the third respondent
pursuant to the interim order granted in I.A.No.912 of 2014 in O.S.No.507 of 2014
on the file of the Principal District Munsif, Alandur and subsequently since the said
suit itself was dismissed, the certified copy of the judgment and decree dated
19.09.2014, are produced by the petitioner, certainly that would be verified and
accordingly it would be recorded in the Encumbrance Record.
6. I have considered the submissions made by the learned counsel appearing
for the petitioner as well as the learned Additional Government Pleader appearing
for the respondents and have perused the materials placed on record.
7. Since the third party suit filed in O.S.No.507 of 2014 on the file of the
Principal District Munsif, Alandur was dismissed on 19.09.2014 and the certified
copy of the decree and judgment obtained by the petitioner having been produced
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W.P.No.32135 of 2018
before the third respondent for recording the same in the Encumbrance Record, the
third respondent has to act upon after verifying the veracity of the certified copy of
the judgment and decree produced by the petitioner.
8. In that view of the matter, this Court is inclined to dispose of this writ
petition with the following order.
That there shall be a direction to the third respondent to verify the certified
copy of the judgment and decree made in O.S.No.507 of 2014 on the file of the
Principal District Munsif, Alandur dated 19.09.2014 along with the representation of
the petitioner dated 04.06.2018 and accordingly act upon to record the same in the
Encumbrance Record, if it is otherwise in order. The needful as indicated above
shall be undertaken within a period of eight weeks from the date of receipt of a
copy of this order.
9. With the above directions, this writ petition is disposed of. No costs.
17.04.2021
Index : Yes/No
Internet : Yes/No
KST
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W.P.No.32135 of 2018
To
1.The Inspector General of Registration
Office of the Inspector General of Registration
Santhome High Road, Mylapore, Chennai 600 004.
2.The Assistant Inspector General of Registration
Office of the Assistant Inspector General of
Registration, Guindy, Chennai.
3.The Sub Registrar
Office of the Sub-Registrar
Neelangarai, Chennai.
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W.P.No.32135 of 2018
R. SURESH KUMAR, J.
kst
W.P.No.32135 of 2018
17.04.2021
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