[Cites 1, Cited by 0]
Madras High Court
V.Rajan vs The Inspector General Of Registration on 19 February, 2026
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
W.P.(MD)No.4680 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :19.02.2026
CORAM
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.P.(MD)No.4680 of 2026
V.Rajan ... Petitioner
Vs
1. The Inspector General of Registration,,
Office of the Inspector General of Registration,
100, Santhome High Road,
Mylapore, Foreshore Estate,
Chennai, Tamil Nadu - 600028..
2. The District Registrar,,
Office of the District Registrar,
Virudhunagar District..
3. The Joint Sub Registrar No.I,,
Office of the Sub-Registrar of
Virudhunagar, Virudhunagar District.. ... Respondents
PRAYER :-Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a WRIT OF CERTIORARIFED
MANDAMUS, to call for the records relating to the impugned order in
Na.Ka.No.132/A1/2026 dated 12.01.2026 passed by the 2nd respondent
herein and quash the same as illegal and consequently direct the
respondents to remove the Entry No.4 of 2015 dated 24.04.2015 from the
Encumbrance Certificate relating to the petitioner's property in Survey
No.337/2 of Villipathri Village, Aruppukottai Taluk, Virudhunagar
1/7
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W.P.(MD)No.4680 of 2026
District measuring about 0.44.50 Hectares, within the time stipulated by
this Court.
For Petitioner :Mr.R.Surianarayanan
For Respondent :Mr.A.Kannan
Addl. Government Pleader
ORDER
This writ petition has been filed challenging the impugned order
dated 12.01.2026 and for a consequential direction to the respondents to
remove the Entry No.4 of 2015 dated 24.04.2015 from the Encumbrance
Certificate relating to the petitioner's property in Survey No.337/2 of
Villipathri Village, Aruppukottai Taluk, Virudhunagar District measuring
about 0.44.50 Hectares, within the time stipulated by this Court.
2. Heard the learned counsel for the petitioner and the learned
Additional Government Pleader appearing for respondents. By consent
of both sides, the writ petition itself is taken up for final disposal at the
stage of admission itself.
3. The learned counsel for the petitioner would submit that the
petitioner is the owner of the property in S.No.337/2 of Villipathri
Village, Aruppukottai Taluk, Virudhunagar District measuring about
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0.44.50 Hectares and is in peaceful possession and enjoyment of the
same. However, in the encumbrance certificate, there occur an entry to
the effect that there is a Court restraint order thereby restraining the
petitioner from dealing with the property in question. The said order
came to be passed in MP No.2 of 2013 in AS Nos.72 to 74 of 2013 by
this Court on 29.04.2013. The learned counsel would contend that when
the petitioner was not at all a party to AS Nos.72 to 74 of 2013, as if an
interim injunction was obtained for S.No.337/2, in the encumbrance
certificate relating to the petitioner's property, the interim injunction was
form part of the record. However, he would submit that in the appeal
suit, the schedule is wrongly mentioned as S.No.337/2 instead of S.No.
337/4. When the petitioner was not a party either in the original suit and
in the appeal suit, an injunction made to S.No.337/4 has been reflected in
the petitioner's property ie., in S.No.337/2 is illegal and hence, in order to
remove such entry, the petitioner has approached the respondents.
However, it was rejected by the respondents vide impugned order stating
that the said entry could not be removed by the authorities. It is also
submitted that when the appeal suit was dismissed and the consequential
Miscellaneous Petitions were also closed by this Court, there is no
impediment for the respondents to remove such an entry and prays for
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appropriate direction.
4. Learned Additional Government Pleader for the respondents,
would submit that if any order is passed by this Court, the respondents
would abide by the said direction.
5. I have considered the rival submissions and perused the
materials available on record.
6. This Court dismissed the appeals in AS Nos.72 to 74 of 2013
vide judgment dated 29.10.2018 as withdrawn and the connected
Miscellaneous Petitions were also closed. Once the main appeals were
dismissed, the interim injunction granted on 29.04.2013 has also been
lapsed. Hence, when the appeals themselves were dismissed, the
respondents can very well remove/neutralize the entry made in the
encumbrance certificate with regard to Suvey numbers mentioned
therein. However, it is the case of the petitioner that the petitioner is
neither a party to the appeal suit before this Court nor the party to the
original suit before the trial court and the suit pertains to S.No.337/4.
However, the petitioner's property is S.No.337/2. When that be so, the
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entry made with regard to the petitioner's property in S.No.337/2 is a
wrong entry. As on date, there is no interim injunction in operation and
AS (MD) Nos.72 to 74 of 2013 also not in existence. For all these
reasons, there is no impediment for the respondents to remove the entry
recorded in the encumbrance certificate, so as to neutralize the interim
injunction granted by this Court on 29.04.2013. Hence, the impugned
order is liable to be interfered with. Accordingly, the third respondent is
directed to remove/neutralize the said entry in the encumbrance register
and the closure of Miscellaneous Petitions in AS No.72/2013 is directed
to be recorded by the third respondent in the register to neutralize the
said entry.
7. With the above direction, the writ petition is disposed of. There
shall be no order as to costs.
19.02.2026
NCC :Yes/No
Index :Yes/No
RR
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To
1. The Inspector General of Registration,,
Office of the Inspector General of Registration,
100, Santhome High Road,
Mylapore, Foreshore Estate,
Chennai, Tamil Nadu - 600028..
2. The District Registrar,,
Office of the District Registrar,
Virudhunagar District..
3. The Joint Sub Registrar No.I,,
Office of the Sub-Registrar of
Virudhunagar, Virudhunagar District..
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KRISHNAN RAMASAMY, J.
RR
19.02.2026
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