Madras High Court
P.Kamaraj vs The Inspector General Of ... on 30 August, 2023
W.P.No.24523 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.08.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.24523 of 2023
P.Kamaraj ... Petitioner
Vs.
1.The Inspector General of Registration,
100, Santhome High Road,
Santhome,
Chennai – 600 024.
2.The District Registrar,
Thathakapatty Sub Registration Office,
Combined Building Campus,
Kamarajar Nagar Colony,
Ammapettai,
Salem – 3.
3.The Sub-Registrar,
Thathagapatti Sub-Registration Office,
Salem District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorarified Mandamus, calling for the records from
the second respondent relating to the impugned order passed in
Na.Ka.No.3253/A3/2023 dated 22.05.2023 and quash the same and further
direct the second respondent to remove the entry in encumbrance certificate
No.92985463/2023 Entry No.9.
Page 1 of 5
https://www.mhc.tn.gov.in/judis
W.P.No.24523 of 2023
For Petitioner : Mr.D.Ashokkumar
For Respondents : Mr.G.Krishna Raja,
Additional Government Pleader
ORDER
The order impugned dated 22.05.2023 was issued by the District
Registrar, Salem stating that he has no power to remove the attachment of
Court entered in the encumbrance certificate.
2. The order impugned states that the attachment by the Court is to be
removed by the Court itself. However, in respect of the said attachment,
made pursuant to the interim order passed in O.S.No.30 of 2003
(O.S.No.521/2000), the learned counsel for the petitioner states that the suit
itself has been dismissed as settled out of court by the Additional District
Court at Salem. A copy of the said order passed by the learned Additional
District Judge dated 11.11.2003 has been enclosed along with the typed set of
papers filed in the present writ petition.
3. The said suit was dismissed as settled out of court. When the suit
itself has been settled, the entries made regarding the interim attachment is to
be removed from the encumbrance certificate.
https://www.mhc.tn.gov.in/judis
W.P.No.24523 of 2023
4. The learned counsel for the petitioner states that a copy of the
Judgment has already been placed before the respondents 2 and 3.
5. That being the factum, the respondents 2 and 3 are directed to verify
the order passed by the learned Additional District Judge (FTC-I), Salem in
O.S.No.30 of 2003 (O.S.No.521/2000) and accordingly, make necessary
entries by removing the entries already made in the encumbrance certificate
maintained by the registering authority. The said exercise is directed to be
completed within a period of four (4) weeks from the date of receipt of a
copy of this Order.
6. With this direction, the writ petition stands allowed. No costs.
30.08.2023
nl
Index : Yes
Speaking order
https://www.mhc.tn.gov.in/judis
W.P.No.24523 of 2023
To
1.The Inspector General of Registration,
100, Santhome High Road,
Santhome,
Chennai – 600 024.
2.The District Registrar,
Thathakapatty Sub Registration Office,
Combined Building Campus,
Kamarajar Nagar Colony,
Ammapettai,
Salem – 3.
3.The Sub-Registrar,
Thathagapatti Sub-Registration Office,
Salem District.
https://www.mhc.tn.gov.in/judis
W.P.No.24523 of 2023
S.M.SUBRAMANIAM, J.
nl
W.P.No.24523 of 2023
30.08.2023
https://www.mhc.tn.gov.in/judis
