Madras High Court
Preetha.V.Kannan vs The Inspector General Of Registration on 23 November, 2023
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.P(MD)No.20348 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.11.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.20348 of 2023
and
W.M.P.(MD)No.16786 of 2023
1.Preetha.V.Kannan
2.Ajantha Sonalakshmi
3.Priyadharsini ... Petitioners
Vs.
1.The Inspector General of Registration
O/o. Inspector General of Registration,
No.100, Santhome High Road,
Chennai-600 028.
2.The Deputy Registrar,
O/o.Joint Sub-Registrar Office Campus,
Rajakambiram,
Y.Othakadai,
Madurai District.
3.The District Registrar,
O/o.District Registrar,
Palace Road, Mahal Area,
Madurai.
4.The Sub Registrar,
O/o.Sub-Registrar Office,
Madurai Joint-IV,
Madurai South,
Madurai District.
https://www.mhc.tn.gov.in/judis
1/5
W.P(MD)No.20348 of 2023
5.The Manager,
Tamil Nadu Mercantile Bank,
Chinthamani Branch,
Madurai. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, to direct the respondents to
remove entry made in encumbrance for the property in R.S.No.412/4 to an
larger extent of 20.38 Cents situated at Ayan Madakulam Village, Madurai by
considering the representation dated 08.05.2023 and 20.05.2023 within the
stipulated time period may be fixed by this Court.
For Petitioner : Mr.Niranjan S.Kumar
For Respondents : Mr.K.Balasubramani
Special Government Pleader for R1 to R4
: Mr.A.RM.Ramesh for R5
ORDER
Heard both sides.
2. Sri Mapillai Vinayagar Spinning Mills Limited had availed business
loan from the Tamil Nadu Mercantile Bank. The borrower committed default.
The bank initiated recovery proceedings before the Debt Recovery Tribunal by
filing O.S.No.100 of 2008. They also filed an IA for effecting attachment
before Judgment. Admittedly, no order has been passed in the attachment
application. However, the communication was sent to the fourth respondent.
Pendency of IA for effecting attachment before Judgment was entered in the
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encumbrance register. Seeking deletion of the said entry, the present writ
petition came to be filed.
3. The registering authority is unable to justify before this court as to how
and under what provision of law, the petition mentioned entry was made. If a
formal order of attachment had been made and the same is duly communicated
by the concerned forum, then, it has to be entered in the encumbrance register.
Pendency of an application could not have been reflected in the encumbrance
certificate. Therefore, there is merit in the contention of the learned counsel
appearing for the petitioner.
4. The fourth respondent is directed to delete the petition mentioned
entry. At the same time, equity obtaining in this case cannot be lost sight of.
The learned standing counsel for Bank submits that O.S.No.100 of 2008 is still
pending before the Debt Recovery Tribunal, Madurai. The Debt Recovery
Tribunal, Madurai is directed to dispose of I.A.No.2081 of 2021 on merits and
in accordance with law within a period of two weeks from the date of receipt of
a copy of this order. The main O.S.No.100 of 2008 shall be disposed of within
a period of three months from the date of receipt of a copy of this order. The
petitioners are directed not to encumber or alienate the petition mentioned
property till the disposal of I.A.No.2081 of 2021.
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5. The Writ Petition is allowed with the aforesaid direction. No costs.
Consequently, connected miscellaneous petition is closed.
23.11.2023
Index : Yes / No
Internet : Yes/ No
rmi
NOTE:Issue Order Copy on 24.11.2023.
Registry is directed to communicate the copy of this order to the
Debt Recovery Tribunal, Madurai.
To
1.The Inspector General of Registration
O/o. Inspector General of Registration,
No.100, Santhome High Road,
Chennai-600 028.
2.The Deputy Registrar,
O/o.Joint Sub-Registrar Office Campus,
Rajakambiram,
Y.Othakadai,
Madurai District.
3.The District Registrar,
O/o.District Registrar,
Palace Road, Mahal Area,
Madurai.
4.The Sub Registrar,
O/o.Sub-Registrar Office,
Madurai Joint-IV,
Madurai South,
Madurai District.
https://www.mhc.tn.gov.in/judis
G.R.SWAMINATHAN, J.
rmi
and
23.11.2023
https://www.mhc.tn.gov.in/judis
