Madras High Court
Geetha vs The Inspector General Of ... on 1 October, 2021
W.P(MD)No.17745 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.10.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P(MD).No.17745 of 2021
Geetha ... Petitioner
Vs.
1.The Inspector General of Registration,
No.100, Santhome High Road,
Chennai-600 028.
2.The District Registrar,
District Registrar Office,
Tiruchirappalli.
3.The Sub Registrar,
Office of the Sub Registrar,
Manapparai Taluk Office Complex,
Tiruchirappalli District-622 306. ...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 2
and 3 to remove the offending entry in the encumbrance certificate register or
alternatively to add an entry stating that the said lessee has vacated the premises
in survey No.212/1C2 previously it was survey No.212/1C in Vaiyampatti
Village, Manapparai Taluk, Tiruchirappalli District by considering the
petitioner's written representation dated 28.08.2021 or otherwise also all within
the time to be framed by this Court.
1/6
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.17745 of 2021
For Petitioner : Mr.P.Senthur Pandian
For Respondents : Mr.P.Subbaraj
Counsel for State
ORDER
The petitioner seeks a direction to the second and third respondents to
remove the entry relating to the lease of the property bearing S.No.212/1C2,
Vaiyampatti Village, Manapparai Taluk, Tiruchirappalli District, from the
encumbrance certificate relating to such property.
2.The petitioner states that she is the owner of a parcel of land of an
extent of 82 cents in the above mentioned survey number. She asserts that a
patta has been issued under Patta No.1905 in her favour. It is stated that the
said property was let out on lease to Akarur Educational Trust. In view of the
refusal of the lessee to vacate the lease premises after the expiry of the lease
period, the petitioner filed O.S.No.343 of 2006 on the file of the Sub Court,
Tiruchirappalli. Subsequently, proceedings were instituted before this Court
and a judgment dated 10.12.2007 was issued in W.A.No.696 of 2007. In terms
thereof, the petitioner states that the lessee was required to vacate the property
on or before 31.12.2008. Pursuant thereto, the petitioner states that the lessee
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W.P(MD)No.17745 of 2021
vacated the premises. As evidence thereof, the petitioner relies upon
photographs of the property.
3.Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of
all the respondents. He submits that the registration authorities would initiate
action if both parties to the relevant document approach the registration
authorities for deletion of the entry in the encumbrance certificate.
4.On the other hand, learned counsel for the petitioner points out that the
lessee has vacated the property and, therefore, may not be willing to come to
the Sub Registrar's Office in connection with the deletion of the relevant entry.
In the alternative, he submits that the judgment of the Division Bench of this
Court in W.A.No.696 of 2007 may be registered.
5.Registration authorities are concerned with documents presented for
registration by parties. Consequently, such registration authorities cannot
record that the lessee of a premises has vacated such premises, whether on the
basis of photographs or otherwise. However, it is open to the petitioner to
present a copy of the judgment in W.A.No.696 of 2007 for registration thereof.
In the alternative, it is also open to the petitioner to seek cancellation jointly
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W.P(MD)No.17745 of 2021
with such lessee. In any event, the petitioner has submitted a representation
seeking deletion. Therefore, the respondents should consider and dispose of
such representation.
6.Subject to the above observations but without entering any findings on
the merits, the second and third respondents are directed to consider the
petitioner's representation dated 28.08.2021 and dispose of the same after
taking into account the observations set out above. Such representation shall be
disposed of within a period of two (2) months from the date of receipt of a copy
of this order.
7.W.P.(MD).No.17745 of 2021 is disposed of on these terms without any
order as to costs.
01.10.2021
Index : Yes / No
Internet : Yes/ No
sji
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.
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W.P(MD)No.17745 of 2021
To
1.The Inspector General of Registration,
No.100, Santhome High Road,
Chennai-600 028.
2.The District Registrar,
District Registrar Office,
Tiruchirappalli.
3.The Sub Registrar,
Office of the Sub Registrar,
Manapparai Taluk Office Complex,
Tiruchirappalli District-622 306.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.17745 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
sji
W.P(MD).No.17745 of 2021
01.10.2021
https://www.mhc.tn.gov.in/judis/
