Madras High Court
Vanichandra vs The Sub Register on 24 April, 2025
W.P(MD)No.11653 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.04.2025
CORAM
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.P(MD)No.11653 of 2025
Vanichandra ... Petitioner
Vs.
1.The Sub Register,
Sub Register Office,
Thiruthangal,
Virudhunagar District.
2.The Inspector of Police,
District Crime Branch,
Virudhunagar District.
3.The Branch Head,
Axis Bank Limited,
Retail Asset Centre,
Pattu Arcade,
Bye Pass Road, Ram Nagar,
Madurai-626 010. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the respondents
to remove the encumbrance in respect of property bearing Document No.
2153 of 2017 in Survey Nos.1777/5, 1777/5A on the file of the first
respondent by consider the petitioner's representation, dated 17.03.2025
and pass such further or other orders as this Court.
1/6
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W.P(MD)No.11653 of 2025
For Petitioner : Mr.A.Uthaya Kumar
For R-1 : Mr.P.T.Thiraviyam
Government Advocate
For R-2 : Mr.S.Prakash
Government Advocate
for Mr.M.Karunanithi
ORDER
The petitioner seeks for the following relief:-
"Writ of Mandamus, directing the respondents to remove the
encumbrance in respect of property bearing Document No.2153 of 2017 in
Survey Nos.1777/5, 1777/5A on the file of the first respondent by consider
the petitioner's representation, dated 17.03.2025.
2. The petitioner states that she purchased the property at S.No.
1777/5 at Theelthiruthangal Village, Virudhunagar District by way of a
registered sale deed, dated 03.08.2017. The said sale deed was registered in
document No.2153 of 2017. The petitioner borrowed amounts from the Axis
Bank, Sivakasi Branch and created a mortgage over the same.
Subsequently, she had paid the entire amount to the Bank and requested
the Bank to cancel the mortgage. At that time, it came to her knowledge that
the second respondent police had informed the Sub Registrar not to receive
any documents from the petitioner as her husband is an accused in Crime
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No.9 of 2021 on the file of the second respondent police. Consequently, the
Sub Registrar also made an entry in the register maintained made by him
regarding the objections made by the police. The petitioner made a
representation on 26.09.2022 to remove the encumbrance. As the same was
not considered, this was followed up with another representation, dated
17.03.2025. As both the representations did not bear fruit, the petitioner
has come forward with the present writ petition.
3. I heard Mr.A.Uthaya Kumar for the petitioner and
Mr.P.T.Thiraviyam for the first respondent and Mr.S.Prakash for
Mr.M.Karunanithi for the second respondent.
4. The position of law has been settled by a judgment of this Court in
Madhupriya Vs. Inspector General of Registration reported in 2020 SCC
Online Madras 20112. In the said judgment, the Hon'ble Mr.Justice
N.ANAND VENKATESH has held that the police authorities are not entitled
to pass orders in the nature of injunction restraining the Sub Registrar from
entertaining any document for registration. He made it clear incase, the
police authorities feel that a property must not be alienated or protected as
is a proceeds of crime, they are entitled to approach the jurisdictional Court
or Tribunal and obtain appropriate orders of attachment. Respectfully,
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following the view taken by the learned Single Judge, there shall be a
direction to the first respondent to entertain documents presented by the
writ petitioner, dehors the objections that have been given by the second
respondent. To make it clear, the letter issued by the second respondent will
not stand in the way of the petitioner to present any document of alienation
or the like.
5. This writ petition stands ordered with the above terms. There shall
be no order as to costs.
24.04.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes
BTR
To
1.The Sub Register,
Sub Register Office,
Thiruthangal,
Virudhunagar District.
2.The Inspector of Police,
District Crime Branch,
Virudhunagar District.
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3.The Branch Head,
Axis Bank Limited,
Retail Asset Centre,
Pattu Arcade,
Bye Pass Road, Ram Nagar,
Madurai-626 010.
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V.LAKSHMINARAYANAN, J.
BTR
24.04.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/05/2025 11:27:14 am )
