Madras High Court
Arumugakumar vs The Sub-Registrar on 22 September, 2023
W.P.(MD).No.20569 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P.(MD). No.20569 of 2023
Arumugakumar ... Petitioner
Vs.
1. The Sub-Registrar,
O/o.The Sub-Registrar,
Thirumayam,
Thirumayam Taluk,
Pudukottai District.
2.Vellaisamy ...Respondents
PRAYER : Writ Petition is filed under Article 226 of the Constitution of
India to issue a Writ of Mandamus, directing the first respondent to
remove the encumbrance regarding Document No.2305/2007 on the file
of the first respondent dated 03.07.2007 in respect of the petitioner's
property in Survey No.657/1L, Thekkattur Revenue Village, Thirumayam
Taluk, Pudukottai District, in the light of the judgment and decree dated
1/5
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W.P.(MD).No.20569 of 2023
10.07.2015 in O.S.No.83 of 2009 on the file of the learned District
Munsif, Thirumayam, within a stipulated time fixed by this Court.
For Petitioner : Mr.M.Mahaboob Athiff
For Respondents : Mr.M.Sarangan
Additional Government Pleader
for R1
No-appearance for R2
ORDER
The petitioner, with a grievance that his application for recording
the civil Court decree passed in O.S.No.83 of 2009 by the learned
District Munsif, Thirumayam, in the Encumbrance relating to the
property in Survey No.657/1L, Thekkattur Revenue Village, Thirumayam
Taluk, Pudukottai District, has not been considered by the first
respondent, has filed this Writ Petition.
2. The petitioner's sale deed dated 11.03.2005 registered as
Document No.417 of 2005 was unilaterally cancelled by the petitioner's
vendor. Challenging the same, the petitioner has filed a civil suit in
O.S.No.83 of 2009 before the District Munsif Court, Thirumayam,
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W.P.(MD).No.20569 of 2023
wherein, the Sub-Registrar was also a party. The civil Court, after
hearing all the parties, has passed a decree in favour of the petitioner,
setting aside the cancellation deed dated 03.07.2007, vide its decree,
dated 10.07.2015. Thereafter, the petitioner has made a request to record
the decree and restore the sale deed on file by representations, dated
31.08.2018 and 01.07.2023. However, the same have not been
considered. Hence, the present Writ Petition has been filed.
3. The learned Additional Government Pleader appearing for the
first respondent submits that a copy of the decree has not been enclosed
along with the representations and therefore, further decision could not
be taken.
4. In view of the submissions made by both sides, the petitioner is
directed to submit a fresh representation along with a copy of the
judgment and decree passed in O.S.No.83 of 2009 by the learned District
Munsif, Thirumayam, on 10.07.2015, within a period of one week from
the date of receipt of a copy of this order and on receipt of the same, the
first respondent is directed to carry out necessary amendment in the
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W.P.(MD).No.20569 of 2023
Encumbrance within a period of two weeks thereafter.
5. Accordingly, this Writ Petition is disposed of. There shall be no
order as to costs.
22.09.2023
Index: Yes/No
Internet: Yes/No
ssb
To
The Sub-Registrar,
O/o.The Sub-Registrar,
Thirumayam,
Thirumayam Taluk,
Pudukottai District.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.20569 of 2023
B.PUGALENDHI, J.
ssb
W.P.(MD).No.20569 of 2023
22.09.2023
https://www.mhc.tn.gov.in/judis
