Madras High Court
G.Munusamy vs Ig Registration on 17 October, 2024
W.P.No.29978 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.10.2024
CORAM
THE HONOURABLE MR. JUSTICE S. SOUNTHAR
W.P No.29978 of 2024
1. G.Munusamy
2. Neela ...Petitioners
Vs.
1. IG Registration,
100, Santhome High Road,
Pannitanapakkam, Chennai - 600 028.
2. The District Registrar - Chennai North,
Kuralagam Building first floor,
Parrys, Chennai - 600 108.
3. The Sub-Registrar Office,
Royapuram, TH Road,
Tondairpet, Chennai - 600 021.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the respondents 1 to 3 to make an
endorsement in EC that the settlement deed dated 10.02.2012 vide doc No.468
of 2012 and sale deed dated 23.01.2015 vide document No.234 of 2015 has
been cancelled as per direction of the Hon'ble XIX Additional City Civil Court
in A.S.No.198 of 2018.
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W.P.No.29978 of 2024
For Petitioner : Mr.S.Ranjith Kumar
For Respondents : Mr.T.Chezhiyan
Additional Government Pleader
ORDER
The petitioners herein seek a direction to the respondents 1 to 3 to make
an entry in Encumbrance Certificate to the effect that the settlement deed dated
10.02.2012 registered as Doc.No.468 of 2012 and the sale deed dated
23.01.2015 registered as Doc. No. 234 of 2015 have been declared as null and
void, in view of the judgement and decree passed by the XIX Additional City
Civil Court, Chennai in A.S.No.198 of 2018.
2. The learned counsel for the petitioners submitted that notwithstanding
the judgment and decree passed by the Civil Court declaring the registered
documents as null and void, the third respondent / registering authority failed
to make necessary entry in the Encumbrance Certificate with regard to the
subject property.
3. Mr.T.Chezhiyan, learned Additional Government Pleader, who takes
notice for the respondents would submit that the Registering authority shall act
upon, only on the basis of the communication sent by the civil court.
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Hence, the representation of the petitioner cannot be considered. On the other
hand, if the certified copy of the judgment and decree passed by the Civil court
is produced by the petitioner before the registering authority, the same will be
considered.
4. In view of the above, this Court is not inclined to issue any positive
direction to the respondents, in the absence of any communication to
registering authority by the Civil Court. Accordingly, this writ petition is
dismissed. However, it is open to the petitioner to obtain the certified copy of
the judgment and decree passed by the civil court and produce the same before
the third respondent for registration. If the same is presented before third
respondent for registration, he shall register the same, if it is otherwise in order.
No costs.
17.10.2024
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
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S. SOUNTHAR, J.
av
To
1. IG Registration,
100, Santhome High Road,
Pannitanapakkam, Chennai - 600 028.
2. The District Registrar - Chennai North,
Kuralagam Building first floor,
Parrys, Chennai - 600 108.
3. The Sub-Registrar Office,
Royapuram, TH Road,
Tondairpet, Chennai - 600 021.
17.10.2024
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https://www.mhc.tn.gov.in/judis
