Madras High Court
N.Sankar Ramanathan vs The Inspector General Of ... on 13 April, 2022
W.P.(MD).No.6975 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.04.2022
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
W.P.(MD).No.6975 of 2022
N.Sankar Ramanathan ... Petitioner
Vs.
1.The Inspector General of Registration,
O/o. Inspector General of Registration,
Santhome, Chennai.
2.The District Registrar,
District Registrar Office,
Sivagangai District.
3.The Sub Registrar,
Sub Registrar Office,
Mathagupatti,
Sivagangai District. ...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the respondent Nos.2
and 3 to remove the entry of cancellation Document No.369 of 2012 made in
the encumbrance certificate of the petitioner's property situated in Survey
No.176/1, Piravallur Village, Okkur Group, Mathagupatti, Sivagangai District
in light of judgment and decree made in O.S.No.111 of 2015 dated 12.01.2018
before the District Munsif Court, Sivagangai by considering the petitioner's
representation dated 27.01.2022 within time stipulated by this Court.
1/6
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W.P.(MD).No.6975 of 2022
For Petitioner : Mr.R.Anandharaj
for Mr.KR.Bharathi Kannan
For Respondents : Mr.J.John Rajadurai,
Government Advocate.
ORDER
This Writ Petition has been filed for a Mandamus seeking for a direction
to the respondents 2 and 3 to remove the entry of cancellation in the
encumbrance certificate registered as Document No.369 of 2012 pertaining to
the property comprised in Survey No.176/1 situated at Piravallur Village,
Okkur Group, Mathagupatti, Sivagangai District in the light of the judgment
and decree passed in O.S.No.111 of 2015 by the District Munsif Court,
Sivagangai on 12.01.2018 based on the petitioner's representation dated
27.01.2022 within a time frame to be fixed by this Court.
2. The case of the petitioner is that under a compromise decree dated
12.01.2018 passed in O.S.No.111 of 2015 by the District Munsif Court,
Sivagangai, the cancellation of the sale deed bearing Document No.369 of 2012
registered with the third respondent has been cancelled. However, the same is
still reflected in the encumbrance certificate. In such circumstances, the
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.6975 of 2022
petitioner has given a representation on 27.01.2022 to remove the said
encumbrance. Since the said representation has not been considered till date,
he has filed this Writ Petition.
3. Heard Mr.R.Anandharaj, learned counsel for the petitioner and
Mr.J.John Rajadurai, learned Government Advocate, who accepts notice on
behalf of the respondents.
4. Mr.J.John Rajadurai, learned Government Advocate, on instructions,
would submit that though the representation of the petitioner dated 27.01.2022
was acted upon by the third respondent, only due to the non-cooperation of the
parties, no final orders have been passed till date.
5. Learned counsel for the petitioner would now submit that the
petitioner is willing to co-operate with the third respondent in the enquiry
proceedings to be conducted by the third respondent. The said statement is
recorded.
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W.P.(MD).No.6975 of 2022
6. No prejudice would be caused to the respondents, if the petitioner's
representation is considered on merits and in accordance with law. The
petitioner claims that under a compromise decree dated 12.01.2018 passed by
the District Munsif Court, Sivagangai in O.S.No.111 of 2015, the cancellation
of the sale deed bearing Document No.369 of 2012 which is reflected in the
encumbrance certificate has been cancelled. He seeks for removal of the said
encumbrance.
7. For the foregoing reasons, this Court directs the third respondent to
consider the petitioner's representation dated 27.01.2022 seeking for removal of
the entry of cancellation of the document bearing Document No.369 of 2012 in
the encumbrance certificate in respect of the property comprised in Survey
No.176/1 situated at Piravallur Village, Okkur Group, Mathagupatti,
Sivagangai District in the light of the judgment and decree dated 12.01.2018
passed in O.S.No.111 of 2015 by the District Munsif Court, Sivagangai and
pass final orders on merits and in accordance with law, after affording a fair
hearing to the petitioner and any other necessary party, whom the third
respondent deems fit to enquire, within a period of twelve (12) weeks from the
date of receipt of a copy of this order.
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W.P.(MD).No.6975 of 2022
8. With the aforesaid direction, this Writ Petition is disposed of. There
shall be no order as to costs.
13.04.2022
Index : Yes / No
Internet : Yes/ No
Lm
To
1.The Inspector General of Registration,
O/o. Inspector General of Registration,
Santhome,
Chennai.
2.The District Registrar,
District Registrar Office,
Sivagangai District.
3.The Sub Registrar,
Sub Registrar Office,
Mathagupatti,
Sivagangai District.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.6975 of 2022
ABDUL QUDDHOSE,J.
Lm
W.P.(MD).No.6975 of 2022
13.04.2022
https://www.mhc.tn.gov.in/judis
