Suriyanarayanan vs The Joint Ii Sub Registrar
2023 Latest Caselaw 1236 Mad

                                                                               W.P(MD)No.1817 of 2023


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 31.01.2023

                                                        CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                               W.P(MD)No.1817 of 2023
                Suriyanarayanan                                            ... Petitioner

                                                          Vs.

                The Joint II Sub Registrar,
                Pattukkottai,
                Thanjavur District.                                       ... Respondent



                Prayer : Writ Petition filed under Article 226 of the Constitution of India,

                praying this Court to issue a Writ of Mandamus, directing the respondent to

                remove the entries namely Document Nos.3 of 2007 and 6 of 2007 relating to

                the petitioner's property bearing Survey No.55/3 of Nadiyambalpuram,

                Pattukkottai, Thanjavur District within a time frame fixed by this court.


                                  For Petitioner    : Mr.M.Saravanan

                                  For Respondent : Mr.N.Satheeskumar,
                                                      Addl. Government Pleader.




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                                                                                W.P(MD)No.1817 of 2023


                                                     ORDER

Heard the learned counsel on either side.

2.The case of the writ petitioner is that one Maragatham filed a suit for

specific performance in O.S.No.10 of 1997 on the file of Sub Court,

Pattukkottai and the suit was eventually dismissed. Questioning the same, the

said Maragatham file A.S.No.50 of 2000 before the High Court. She obtained

an injunction order in C.M.P.(MD)No.2479 of 2000. The said injunction order

was duly entered in the encumbrance register. The learned counsel for the

petitioner points out that the appeal suit itself was dismissed on 22.10.2018 and

the judgment and decree passed by the trial Court was confirmed. He would

further point out that the said appellate decree has become final. Since the

petitioner is unable to deal with the property, he wants this Court to direct the

respondent to remove the entry made in the encumbrance register.

3.The prayer sought for is misconceived. All that the petitioner needs to

do is to register the decree rendered in A.S.No.50 of 2000. That would more

than meet the writ petitioner's requirement. If the petitioner files certified copy

of the decree in A.S.No.50 of 2000, the same shall be registered by the

respondent without invoking Section 23 of the Registration Act.

https://www.mhc.tn.gov.in/judis

W.P(MD)No.1817 of 2023

4.With this liberty to the writ petitioner and direction to the respondent,

the writ petition is disposed of. No costs.

                                                                       31.01.2023
                NCC               : Yes / No
                Index             : Yes / No
                Internet          : Yes / No
                ias

                To:

                The Joint II Sub Registrar,
                Pattukkottai,
                Thanjavur District.

https://www.mhc.tn.gov.in/judis

W.P(MD)No.1817 of 2023

G.R.SWAMINATHAN, J.

ias

W.P(MD)No.1817 of 2023

31.01.2023

https://www.mhc.tn.gov.in/judis