Reeta Josephine Nesam Vimalraj Vs the Inspector General of Registration

¶1

W.P. No.10240 of 2025

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 28.04.2025

¶4

CORAM:

¶5

THE HON'BLE MR. JUSTICE N. ANAND VENKATESH

¶6

W.P. No.10240 of 2025

¶7

Reeta Josephine Nesam Vimalraj D/o J.K. Dharmasakayam W/O Vimalraj Pandian residing at No.2/18 Vembuliamman Koil I Cross Street Udhayam Colony West K.K. Nagar Chennai 600 078 represented by General Power Agent Mrs. Mercy Ivy Sujatha D/o J.K. Dharmasakayam W/o Samuel Johnson residing at No.127, Sathya Nagar Padi Chennai 600 050 Petitioner

¶8

v

¶9

The Inspector General of Registration Office of the Inspector General of Registration 100 Santhome High Road Chennai 600 004

¶10

The District Registrar (Administration) District Registrar Office Tambaram Registration District Chengalpet

¶11

The Sub Registrar Office of the Sub Registrar Pallavaram Pallavaram Respondents

¶12

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to make the following necessary corrections in the index entry based on the petitioner's representations dated 26.09.2024 and 12.02.2025:

¶13

https://www.mhc.tn.gov.in/judis

¶14

W.P. No.10240 of 2025

¶15

i. To remove the name of the existing wrong executant (Palani Kumar) and claimant (Ragunatha Rao) in the Encumbrance Certificate upon inserting the name of the actual executants (i) C.P. Viruthagiri and (ii) Nagabushanam and claimant (Richard S.J. Rao);

¶16

ii. To rectify the actual measurements as i.e.., 1,740 sq. ft. in the place of 150 sq. ft. in the property extent particulars; and

¶17

iii. To rectify the village name as “Bharathipuram, Nemilichery Village” in the place of Pallavaram Village in the Schedule 1 Details.

¶18

For petitioner Ms. B. Sharmila

¶19

For respondents Mr. U. Baranidharan Special Government Pleader

¶20

- - - - -

¶21

ORDER

¶22

This writ petition has been filed for the issue of a writ of mandamus directing the respondents and more particularly the second respondent, to consider and pass orders on the petitioner's representation dated 26.09.2024 wherein the petitioner has sought for carrying out necessary corrections in the Encumbrance Register.

¶23

When this writ petition came up for hearing on 27.03.2025,

¶24

this Court passed the following order:

¶25

https://www.mhc.tn.gov.in/judis

¶26

W.P. No.10240 of 2025

¶27

“Writ Petition No.10240 of 2025

¶28

N.ANAND VENKATESH, J

¶29

Mr.P.Harish, learned Government Advocate, takes notice for respondents.

¶30

The petitioner has submitted application seeking for corrections to be made in the encumbrance certificate with respect to the name of the vendor, name of the purchaser, extent of the property and name of the village. According to the petitioner, there is a discrepancy between the particulars available in the registered sale deed dated 10.03.1982 registered as document No.851/1982 and the particulars as found in the encumbrance certificate.

¶31

Learned Government Advocate seeks for some time to take instructions.

¶32

Post this writ petition at the end of the motion list on 03.04.2025.

¶33

27.03.2025”

¶34

This writ petition was thereafter adjourned on two occasions

¶35

in order to enable the learned Special Government Pleader to take instructions. Accordingly, the matter was directed to be listed for hearing today.

¶36

When the matter was taken up for hearing today, learned Special Government Pleader produced written instructions received from the third respondent. On going through the same, it is seen that the third respondent requires some more time for carrying out the necessary corrections since he is in the process of verifying the documents and particulars to carry out the necessary corrections.

¶37