Madras High Court
J.Rajasekar vs The Deputy Inspector General Of ... on 4 August, 2025
Author: Mohammed Shaffiq
Bench: Mohammed Shaffiq
W.P.No.31269 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.08.2025
CORAM
THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ
W.P.No.31269 of 2024
J.Rajasekar ... Petitioner
Vs.
1. The Deputy Inspector General of Registration,
Office of Deputy Inspector General of Registration
Door No.6/1, GRD Road, Kamarajar Road,
Red Fields, Combatore – 641045.
2. The District Registrar,
District Registration Office,
Coimbatore.
3. The Sub Registrar,
Office of Sub Registration,
Kinathukadavu.
4. The Royal Land and Nest Cooperative
Housing Society Ltd.,
Rep. by its Managing Director,
V.Vigneshwar
AP 873, D.No.11, 2nd Street,
H-Block, 12th Main Road,
West Anna Nagar,
Chennai – 600 040. ... Respondents
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https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 11:28:12 am )
W.P.No.31269 of 2024
Writ Petition is filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the 3rd respondent to forthwith
consider the representation of the petitioner dated 07.08.2024 and to
remove the recital of “Fraudulent Document” from the index of the
Encumbrance Certificate within a stipulated time as fixed by this Court.
For Petitioner : Mr.V.Viswanathan
For R1 to R3 : Mr.Abishek Murthy
Government Advocate
For R4 : Mrs.A.L.Gandhimathi
Senior Counsel
For Mr.S.Arivazhagan
ORDER
The present writ petition is filed praying for a writ of mandamus, directing the 3rd respondent to forthwith consider the representation of the petitioner dated 07.08.2024 and to remove the recital / entry of “Fraudulent Document” from the index of the Encumbrance Certificate in respect of the properties comprised in S.Nos.314, 315, 318 & 319 situated at Nallatipalayam Village, Kinathukadavu Taluk, Coimbatore District.
2. At the outset, it is submitted by the Learned Government Advocate appearing for respondents 1 to 3 that, the Registration 2/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 11:28:12 am ) W.P.No.31269 of 2024 Authorities have no power to remove the entry in the encumbrance certificate and they only have power to neutralise the entry that too on the basis of an order of a competent civil court.
3. At this juncture, Learned Senior Counsel appearing on behalf of the 4th respondent would submit that, the petitioner had preferred two suits namely O.S.No.311 of 2013 and O.S.No.93 of 2020. The suit in O.S.No.311 of 2013 was preferred for declaration of pending sale deed (Doc.No.P-23/2013) as null and void and other suit in O.S.No.93 of 2020 was preferred for permanent injunction, restraining the respondents therein from interfering with the peaceful possession of the petitioner.
The Learned Senior Counsel would submit that, insofar as title suit is concerned, the same is already dismissed, which is agreed to by the learned counsel for the petitioner.
4. The learned counsel for the petitioner would submit that, the above recital / entry of “Fraudulent Document” may have some bearing on the case and may influence the civil court while deciding the suit. The Learned Senior Counsel would submit that, the same is unfounded. He would submit that, the civil court may decide the matter independent of 3/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 11:28:12 am ) W.P.No.31269 of 2024 the entry/recital in encumbrance certificate, which is agreed to by the learned counsel for the petitioner.
5. Recording the same, this Writ Petition stands disposed of. No costs.
04.08.2025 raja Index : yes/no Internet : yes/no Speaking Order / Non-Speaking Order 4/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 11:28:12 am ) W.P.No.31269 of 2024 To
1. The Deputy Inspector General of Registration, Office of Deputy Inspector General of Registration Door No.6/1, GRD Road, Kamarajar Road, Red Fields, Combatore – 641045.
2. The District Registrar, District Registration Office, Coimbatore.
3. The Sub Registrar, Office of Sub Registration, Kinathukadavu.
4. The Managing Director, Royal Land and Nest Cooperative Housing Society Ltd., AP 873, D.No.11, 2nd Street, H-Block, 12th Main Road, West Anna Nagar, Chennai – 600 040.
MOHAMMED SHAFFIQ J.
5/6https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 11:28:12 am ) W.P.No.31269 of 2024 raja W.P.No.31269 of 2024 04.08.2025 6/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 11:28:12 am )