M.Gopalan … vs The District Registrar
2024 Latest Caselaw 21160 Mad

Madras High Court

M.Gopalan … vs The District Registrar on 6 November, 2024

Author: P.T. Asha

Bench: P.T. Asha

                                                                             W.P.No.32861 of 2024


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 06.11.2024

                                                        CORAM


                                    THE HONOURABLE MS. JUSTICE P.T. ASHA


                                                  W.P.No.32861 of 2024


                  M.Gopalan                                                 …Petitioner
                                                     Vs.
                  1.The District Registrar,
                     District Registrar Office,
                     Gopichettipalayam,
                     Erode District.


                  2.The Sub-Registrar,
                      Kavunthappadi Sub-Registrar Office,
                      Kavunthappadi, Erode District.


                  3.Vipoosanan                                             …Respondents


                  Prayer: Writ Petition filed under Article 226 of the Constitution of India,
                  praying for issuance of Writ of Mandamus, directing the respondents 1 and 2,
                  to remove the encumbrance entry of attachment before judgment, which is
                  made by an order dated 13.06.2006 in I.A.No.465 of 2006 in O.S.No.142 of


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                                                                                       W.P.No.32861 of 2024


                  2006 by the learned District Munsif Court, Bhavani, Erode District, in respect
                  the petitioner's property comprised in Survey No.337/3, to an extent of 988
                  Sp. ft, situated at Appakudal Vilage, Sakthi Nagar Post, Bhavani Taluk, Erode
                  District, by considering his representation dated 02.10.2024 and receipt-cum-
                  no objection letter dated 02.10.2024, executed by the 3rd respondent, within
                  the time limit to be stipulated by this Court.
                                             For Petitioner        : Mr.M.Vijaya Ragavan
                                             For Respondents       : Mr.M.Shahjahan,
                                                                     Special Government Pleader
                                                                     for R1 & R2


                                                              ORDER

The writ petition filed for the following releif :

The petitioner's case is that a suit for recovery of money had been

instituted against him by the 3rd respondent, as the petitioner had, failed to

repay the amount borrowed by him. The 3rd respondent had pending the suit,

obtained an order of attachment before judgment in respect of the petitioner's

property measuring an extent of 988 sq. ft. comprised in S.No.337/3 situated

at Appakudal Village, Sakthi Nagar Post, Bhavani Taluk, Erode District in

I.A.No.465 of 2006 in O.S.No.142 of 2006 on the file of the District Munsif,

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Bhavani. The suit came to be decreed on 23.06.2006 as exparte and thereafter,

the petitioner had repaid the money to the 3rd respondent and obtained a

receipt dated 02.10.2024. The petitioner had come to know that the

attachment before judgment had been entered in the encumbrance in respect

of the property. Therefore, on the very same day, he had sent a representation

to the respondents 1 and 2 along with the receipt cum No Objection by the 3 rd

respondent and requested them to remove the entry in the encumbrance

certificate. However, the respondents are not considering the representation of

the petitioner. Therefore, the petitioner has come forward with the present

case.

2.Heard, learned counsel on either side.

3.Admittedly, the plaintiff in the suit O.S.No.142 of 2006 has issued

a No Objection certificate and receipt wherein he has set out that he has

received the entire amount due under the decree in O.S.No.142 of 2006 and

that he has not instituted any execution proceeding. He has no objection for

removing the entry. Therefore, taking into consideration of the above

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mandamus is issued to the 2nd respondent to delete the entry relating to the

attachment before the judgment by recording the receipt cum No Objection

dated 02.10.2024 given by the 3rd respondent within a period of three weeks.

4.Accordingly, the writ petition stands allowed. No costs.

06.11.2024

vsn

To

1.The District Registrar, District Registrar Office, Gopichettipalayam, Erode District.

2.The Sub-Registrar, Kavunthappadi Sub-Registrar Office, Kavunthappadi, Erode District.

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P.T. ASHA, J.

vsn

06.11.2024

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