Madras High Court
Karmegam vs The Inspector General Of Registration on 6 August, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P.(MD)No.18363 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.(MD)No.18363 of 2018
and
W.M.P.(MD)No.16245 of 2018
Karmegam ... Petitioner
Vs.
1.The Inspector General Of Registration,
Registration Department,
No.100, Santhome High Road,
Chennai - 600 028.
2.The District Registrar (Administration),
Registration Department, Karaikudi,
Sivagangai District.
3.The Sub Registrar,
Registration Department,
The Sub Registrar Office,
Devakottai, Sivagangai District.
4.The District Revenue Officer,
Sivagangai, Sivagangai District.
5.The Revenue Divisional Officer,
Devakottai, Sivagangai District.
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.18363 of 2018
6.The Tahsildar,
Devakottai, Devakottai Taluk,
Sivagangai District.
7.The Assistant Executive Engineer,
Rural North, TANGEDCO,
E.B.Road, Devakottai,
Sivagangai District.
8.R.Uma @ Uma Devi
9.N.Ambika Velu
10.A.Palanikumar.
11.Kavitha
12.Subbulakshmi .... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Mandamus, directing the 3rd respondent
herein to forthwith exercise its statutory duty mandated and cast upon him as
stipulated under Section 31(2) of the Specific Relief Act, 1963 to make
appropriate entries in the registration book and encumbrances maintained by him
on the property bearing Survey No.1/4A of an extent of 1 acre and 18 cents situate
at Semanenthal @ Mullikundu Village, Chirumaruthur Group, Devakottai Taluk,
Sivagangai District with effect of cancellation of the void document Nos.4834 of
2012 dated 25.09.2012 and 2565 of 2013 dated 10.06.2013 as forwarded under
Rule 89 of the Civil Rules of Practice by the learned District Munsif, Devakottai
in O.S.No.131 of 2012 dated 02.03.2015.
2/6
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.18363 of 2018
For Petitioner : Mr.PR.Prithiviraj
For Respondents : Mr.P.Subbaraj,
Spl. Govt. Pleader for R1 to R6
Mr.G.Thiruvarutselvan for R9
ORDER
This Writ Petition has been filed seeking direction to the 3rd respondent
herein to forthwith exercise its statutory duty mandated and cast upon him as
stipulated under Section 31(2) of the Specific Relief Act, 1963 to make
appropriate entries in the registration book and encumbrances maintained by him
on the property bearing Survey No.1/4A of an extent of 1 acre and 18 cents situate
at Semanenthal @ Mullikundu Village, Chirumaruthur Group, Devakottai Taluk,
Sivagangai District with effect of cancellation of the void document Nos.4834 of
2012 dated 25.09.2012 and 2565 of 2013 dated 10.06.2013 as forwarded under
Rule 89 of the Civil Rules of Practice by the learned District Munsif, Devakottai
in O.S.No.131 of 2012 dated 02.03.2015.
2. Heard learned counsel for the petitioner, the learned Special
Government Pleader appearing for the respondents 1 to 6 and the learned cousnel
appearing for the 9th respondent and perused the materials available on record.
https://www.mhc.tn.gov.in/judis
3. It is the grievance of the writ petitioner that the petitioner has filed a
suit in O.S.No.131 of 2012 on the file of the District Munsif Court, Devakottai to
annul certain documents. The trial Court has granted declaration declaring that the
document Nos.4834/2012 and 2565 of 2013 are null and void. A copy of the
decree and judgment have also been sent to the office of the third respondent to
make necessary entries. However, the said entry has not been reflected in the
Encumbrance Certificate. Hence, the petitioner has filed this Writ Petition.
4. Considering the facts and circumstances of the case, this Court is of
the view that when the Courts below annulled the documents and a copy of the
judgment and decree were sent to the office of the third respondent, necessary
entries have to be made in the Encumbrance Certificate to inform the public with
the effect that the documents, which have already been registered, were annulled
by the Court. In such view of the matter, the third respondent is directed to make
necessary entries in the registration book and encumbrances maintained by him on
the property bearing Survey No.1/4A, to an extent of 1 acre and 18 cents situate at
Semanenthal @ Mullikundu Village, Chirumaruthur Group, Devakottai Taluk,
Sivagangai District, within a period of 12 weeks from the date of receipt of a copy
of this order.
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5. With the above directions, this Writ Petition is disposed. There shall
be no order as to costs. Consequently, connected miscellaneous petition is closed.
06.08.2024
NCC : Yes/No
Index : Yes/No
vsm
To
1.The Inspector General Of Registration,
Registration Department,
No.100, Santhome High Road,
Chennai - 600 028.
2.The District Registrar (Administration),
Registration Department, Karaikudi,
Sivagangai District.
3.The Sub Registrar, Registration Department,
The Sub Registrar Office,
Devakottai, Sivagangai District.
4.The District Revenue Officer,
Sivagangai, Sivagangai District.
5.The Revenue Divisional Officer,
Devakottai, Sivagangai District.
6.The Tahsildar, Devakottai, Devakottai Taluk,
Sivagangai District.
7.The Assistant Executive Engineer,
Rural North, TANGEDCO, E.B.Road,
Devakottai, Sivagangai District.
https://www.mhc.tn.gov.in/judis
N.SATHISH KUMAR, J.
vsm
06.08.2024
https://www.mhc.tn.gov.in/judis
