Madras High Court
Muthukumarasamy vs The Revenue Divisional Officer on 3 February, 2025
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.No.3453 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.02.2025
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.3453 of 2025
1..Muthukumarasamy
2.Mrs.Vimala …. Petitioners
-Vs-
1.The Revenue Divisional Officer
Tiruppur North
Tiruppur District.
2.The Sub-Registrar
Nallur, Tiruppur District.
3.The Canara Bank
Rep.by its Senior Manager
Palladam Road, Tiruppur Main
Tiruppur District. ..Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying for the
issuance of a Writ of Mandamus, directing the respondents 1 and 2 conduct enquiry
from the 3rd respondent and delete the attachment entry made in the Encumbrance
Certificate in property in S.F.No.47 situated at Veerapandi village,Tiruppur North Taluk,
Tiruppur District to an extent of 2.65.0 hectare as per the representation of the
petitioners dated 10.2.2024 within stipulated time.
1/4
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W.P.No.3453 of 2025
For Petitioners : Mr.B.Gopalakrishnan
For Respondents : Mr.A.Selvendran
Special Government Pleader
for R1
Mr.P.Harish
Government Advocate
for R2
ORDER
This writ petition has been filed for the issue of a Writ of Mandamus directing
the 1st and 2nd respondents to conduct enquiry and to delete the entry made in the
Encumbrance Certificate pertaining to an order of attachment passed in the year
1985.
2.Heard Mr.B.Gopalakrishnanm learned counsel for the petitioners,
Mr.A.Selvendran, learned Special Government Pleader for R1 and Mr.P.Harish, learned
Government Advocate for R2.
3.In the considered view of this Court, the present writ petition is hit by
latches. The entry was made in the Encumbrance Certificate in the year 1985.
Thereafter admittedly, a judgment and decree was passed in O.S.No.38 of 1991 in
favour of the 3rd respondent in a suit filed for recovery of money.
4.It is the specific case of the petitioners that the amount was settled to the 3rd
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respondent bank and inspite of the same, the entry that was made while attaching the
property continues to be reflected in the Encumbrance Certificate.
5.The sale deed was executed in favour of the 1st petitioner in the year 1996
inspite of such an entry reflected in the Encumbrance Certificate. This only shows
that the order of attachment never came in the way and it has been virtually reversed
due to the subsequent sale deeds that were entertained and registered. Hence to
come before this Court in the year 2025 and seek for a direction to remove the entry
made in the Encumbrance Certificate 40 years back, will be like whipping a dead
horse. A writ of mandamus should not be wasted for giving such directions.
6.In the result, this writ petition stands dismissed. No costs.
03.02.2025
Index : Yes/No
NCS : Yes/No
KP
To
1.The Revenue Divisional Officer
Tiruppur North
Tiruppur District.
2.The Sub-Registrar
Nallur, Tiruppur District.
3.The Canara Bank
Rep.by its Senior Manager
Palladam Road, Tiruppur Main
https://www.mhc.tn.gov.in/judis
Tiruppur District.
N.ANAND VENKATESH, J.
KP
03.02.2025
https://www.mhc.tn.gov.in/judis
