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A.Abulkalam v. The Inspector General of Registration

Madras HC25 Jun 2025WP(MD)/17036/2025

Case brief

AI extract

What is this about?

Encumbrance entry removal; Registration Department; Inspector General of Registration Chennai; District Registrar Madurai; Sub Registrar Thallakulam; Article 226; Writ of Mandamus; notice to siblings before enquiry; enquiry and orders within 8 weeks; prior civil suit ended in petitioner's favour; representation dated 11.06.2025; entry dated 05.04.2023 ref 6574/A2/2022; W.P(MD)No.17036 of 2025; disposed without costs; S. Srimathy J.; decision dated 25.06.2025.

What did the court decide?

Direction to the 3rd respondent (Sub Registrar, Thallakulam, Madurai) to issue notice to the petitioner and his siblings, conduct a proper enquiry and pass orders within 8 weeks; writ petition disposed of with no costs. The encumbrance entry itself was not ordered removed. ¶25

A.Abulkalam Vs The Inspector General of Registration — Writ and Judicial Review | Madras HC (2025)

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W.P(MD)No.17036 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 25.06.2025

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CORAM:

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THE HONOURABLE MRS.JUSTICE S.SRIMATHY

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W.P(MD)No. 17036 of 2025

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A. Abulkalam ... Petitioner

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vs.

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The Inspector General of Registration, Registration Department Head Office, Santhome Salai, Chennai.

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The District Registrar, Registration Department, Madurai.

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The Sub Registrar, Thallakulam, Madurai. ...Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 2nd respondent to conduct enquiry and Remove the encumbrance entry dated 05.04.2023 in 6574/A2/2022 from the encumbrance register by way of consider the petitioner's representation dated 11.06.2025.

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For Petitioner : M/s.S. Sivakumar For Respondents : Mr.S.Saji Bino Special Government Pleader

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

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W.P(MD)No.17036 of 2025

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ORDER

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The present Writ Petition has been filed for the issuance of a Writ of Mandamus directing the 2nd respondent to conduct enquiry and Remove the encumbrance entry dated 05.04.2023 by way of consider the petitioner's representation dated 11.06.2025.

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The contention of the petitioner is already a civil suit was filed and

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the same was ended in his favour. Therefore, objectors are not having any rights. It is seen that the dispute is between the petitioner and the sibilings of the petitioner. In such circumstances, without issuig notice to the said sibilings orders cannot be passed.

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Therefore, the 3^rd respondent is directed to issue notice to the petitioner as well as the sibilings of the petitioner and conduct proper enquiry and pass orders within a period of 8 weeks from the date of receipt of a copy of the order.

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

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W.P(MD)No.17036 of 2025

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