Velammal S v. The District Registrar (Admn.)

ORDER This writ petition has been filed challenging the sale deed dated

24.08.2009 registered as Document No.7660/2009 on the file of the 2nd respondent and the impugned order passed by the 1st respondent in Na.Ka.No.5363/M4/2020, dated 18.02.2021 and for a consequential direction to the 1st and 2nd respondents to delete the entry of the registration made on 24.08.2009 for Document No.7660/2009.

¶2Heard Mr.C.M.Arumugam, learned counsel for the petitioner and Ms.D.Farjana Ghoushia, learned Special Government Pleader appearing on behalf of respondents 1 to 3. The 4th and 5th respondents have been served with notice and their names have also been printed in the cause list. There is no appearance either in person or through counsel.

¶3The petitioner is the owner of the subject property in S.Nos. 148/2 and 149/2 at Subramaniapuram Revenue Village, Sattur Taluk, Virudhunagar District. The mother of the petitioner was also issued with patta with respect to these properties in Patta No.212 and the petitioner is in possession and enjoyment of the property.

¶4The grievance of the petitioner is that on scrutinising the Encumbrance Certificate, it came to light that the 5th respondent had sold nearly 38 items of properties to the 4th respondent in Sivakasi and Sattur Taluks. This document was registered at the office of the 2nd respondent. Out of these 38 items of properties, only 7 items of the properties fell within the jurisdiction of Sivakasi Taluk. One of the properties that was found in the impugned sale deed and which was dealt with under Item-5 was S.No.149/2. This survey number pertains to Subramaniapuram Village at Sivakasi Taluk, Virudhunagar District. However, for the very same survey number, the petitioner had the right and title at Subramaniapuram Village in Sattur Taluk. When the petitioner applied for the Encumbrance Certificate, the sale deed that was executed by the 5th respondent in favour of the 4th respondent was reflected and thereby, a cloud in the title of the petitioner was created with respect to S.No.149/2.

¶5The petitioner made a representation in this regard before the 1st respondent and the 1st respondent conducted an enquiry. The 4th respondent appeared during the enquiry and she admitted that there was inadvertence in the registration of the sale deed and she also expressed her willingness to come forward to execute a deed of rectification in this regard. In spite of taking such a stand, the 1st respondent declined to cancel the entry made in the Encumbrance Certificate. Aggrieved by the same, the present writ petition has been filed before this Court.

¶6It will be relevant to extract the operative portion of the order passed by the 1st respondent hereunder: "kDjhuhpd; Gfhh; kD> kDjhuhpd; thf;F %yk;> vjph;kDjhuhpd; thf;F%yk; kw;Wk; Mtzq;fs; ghprPypf;fg;gl;lJ. kDjhuh; jdf;F ghj;jpag;gl;l rhj;J}h; tl;lk;> Rg;gpukzpaGuk; fpuhkk; rh;Nt vz;.149/2y; cs;s nrhj;ij jpUkjp.tdpjh

vd;gth;

rptfhrp

tl;lk;> Rg;gpukzpGuk; fpuhk rh;Nt vz;.149/2y; cs;s nrhj;ij jtWjyhf rhj;J}h; rhh;gjpt Mtz vz;. 7660/2009d;gb rhj;J}h; tl;lk;> Rg;gpukzpGuk; fpuhk rh;Nt vz;149/2 vd gjpT nra;Js;sjhf njhptpj;Js;shh;. kDjhuh; rkh;g;gpj;j Mtzq;fspy; tpUJefh; khtl;l Ml;rpah; mYtyf e.g.Ip3/25111/2020. ehs;.19.11.2020d;gb nrl;by;nkz;l; nuIp];lh; efypy; rhj;J}h; jhYfh> Rg;gpukzpaGuk; fpuhk rh;Nt vz;. 149/2y; gl;lh vz;.208> K.Ngr;rpak;khs; ngahpy; cs;sJ. ntk;gf;Nfhl;il tl;lhl;rpahpd; thhpR rhd;wpjo; vz;.22/2017> ehs;.19.01.2017y; Ngr;rpak;khs; vd;gthpd; thhpR M.Ntyk;khs; vd cs;sJ. vjph;kDjhuh;

jpUkjp.

tdpjh vd;gth; ,t;tYtyfj;jpy; Nehpy; M[uhfp mspj;j thf;F%yj;jpy; Rg;gpukzpaGuk; rh;Nt vz;.149/2 rptfhrp tl;lk; vd gjptjw;F gjpyhf rhj;J}h; tl;lk; vd jtWjyhf gjpT nra;Js;Nshk; vd;Wk;> Nkw;gb mry; Mtzk; kJiu khtl;l ePjpkd;w tof;F vz;.39/2013y; Nkw;gb E.O.W NghyP]; trk; cs;sJ. Mjyhy; jd;dhy; mry; Mtzk; nfhz;L tu ,ayhJ. MfNt rPh;jpUj;j Mtzk; gjptpw;F efy; kl;LNk nfhz;L tu ,aYk; vd;Wk;> rPh;jpUj;j Mtzk; vOjpf;nfhLg;gjw;F jdf;F vt;tpj

Ml;NrgizAk;

,y;iy vdj;njhptpj;Js;shh;. VdNt rk;ge;jg;gl;l rhh;gjptfj;jpy; rPh;jpUj;j Mtzk; gjpT nra;J nfhs;syhk;. GjpTj;Jiwj;jiyth; mth;fs;> nrd;id Miz vz;.41530/A1/2017 ehs;.20.10.2017 XIIId;gb Mtzq;fis uj;J nra;aNth my;yJ ePf;fk;

nra;aNth

gjpT

mYtyh;fSf;F mjpfhuk; ,y;iy vd;w tpguk; kDjhuUf;F njhptpf;fg;gLfpwJ."

¶7It is clear from the above that the 4th respondent, while appearing for the enquiry, has specifically stated that insofar as S.No. 149/2 is concerned, it is situated in Sivakasi Taluk, whereas it was registered before the 2nd respondent as if it fell within the Sattur Taluk. The 4th respondent was also willing to rectify this mistake. The 1st respondent had refused to remove the entry on the ground that he does not have any authority or jurisdiction to do so.

¶8In the light of the specific stand taken by the 4th respondent and also in the light of the fact that there is no dispute with respect to the identity of the property and that the petitioner had absolutely no control over the transaction between the 4th and 5th respondents, the petitioner should not be put to hardship, since there is an encumbrance shown with respect to the property belonging to the petitioner for S.No.149/2 at Subramaniapuram Village, Sattur Taluk. This entry has to be necessarily reversed by adding a footnote to the entry. There is no need to cancel the very sale deed itself for this purpose.

¶9In the light of the above discussion, there shall be a direction to the 2nd respondent to remove the entry from the Encumbrance Certificate with respect to S.No.149/2 of Subramaniapuram Village, Sattur Taluk by adding a footnote by making reference to this order. This will sufficiently take care of the grievance expressed by the petitioner.

¶10In the result, this Writ Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

22.12.2023 NCC : Yes/No Index : Yes/No Internet : Yes ABR To

1.The District Registrar (Administration), Virudhunagar District, Virudhunagar.

2.The Sub-Registrar, Sattur, Virudhunagar District.

3.The Sub-Registrar, Sivakasi Taluk, Virudhunagar District.

N. ANAND VENKATESH, J. ABR Dated : 22.12.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2023 CORAM: THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH and W.M.P.(MD) No.17792 of 2021 S.Velammal .. Petitioner Vs. 1.The District Registrar (Administration), Virudhunagar District, Virudhunagar. 2.The Sub-Registrar, Sattur, Virudhunagar District. 3.The Sub-Registrar, Sivakasi Taluk, Virudhunagar District. 4.A.Vanitha 5.S.Ganesan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus to call for the records pertaining to the impugned sale deed in document No.7660 of 2009 dated 24.08.2009 reregistered at the office of the 2nd respondent and consequential impugned order of the 1st respondent in Na.Ka.No. 5363/M4/2020 dated 18.02.2021 and to quash the same as illegal and thereby consequently direct the 1st and 2nd respondents to delete the entry of the registration of impugned document in sale deed No.7660 of 2009 dated 24.08.2009 from the encumbrance register in respect of the property of the petitioner in survey No.149/2 at Subramaniyapuram Village in Sattur Taluk of Virudhunagar District being maintained on the file of the 2nd respondent. For Petitioner : Mr.C.M.Arumugam For RR1 to 3 : Ms.D.Farjana Ghoushia Special Government Pleader For RR4 & 5 : No appearance