Disposed¶33

Sri Hari v. the Inspector General of Registration (Igr)

Madras HC29 Jan 2026WP/1206/2026

Case brief

AI extract

What is this about?

Encumbrance certificate; removal of fraudulent entries; Survey No.35/3 Palavakkam; New Patta No.3490; writ of mandamus under Article 226; non-joinder of necessary parties; parties to documents 1987-2012 not arrayed; petition cannot be entertained; liberty to file civil suit or re-approach High Court; Sections 82 and 83 Registration Act 1908; representation dated 09.10.2025; O.S.No.14044 of 2010; A.S.No.102 of 2020; Madras High Court 2026; no costs.

What did the court decide?

No substantive relief granted; petitioner left free to join all necessary parties and file either a civil suit or re-approach this Court; petition disposed of with no costs. ¶33

Sri Hari Vs the Inspector General of Registration… — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

No substantive relief granted; petitioner left free to join all necessary parties and file either a civil suit or re-approach this Court; petition disposed of with no costs.

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Issue for consideration

Whether the writ petition seeking inquiry into, and removal of, allegedly fraudulent encumbrance-certificate entries can be entertained when the parties to the underlying documents (and other defendants in the earlier civil-court proceedings) have not been joined. +1 more

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Court's answer

In the absence of parties who would clearly be affected by any order issued in these proceedings, the matter cannot be adjudicated.

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Ratio / Principle

For these reasons, this writ petition cannot be entertained.

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Key takeaways

The petition is disposed of by leaving it open to the petitioner to join all necessary parties and file either a civil suit or re-approach this Court; no costs.ratio¶33

Detailed headnote1 paragraphs

Madras High Court (Senthilkumar Ramamoorthy, J.), WP No. 1206 of 2026, disposed of on 29-01-2026. Filed under Article 226 of the Constitution of India, the petitioner sought a mandamus requiring the Inspector General of Registration, the District Registrar (South) and the Sub-Registrar, Neelankarai to consider his representation dated 09.10.2025 for removal of allegedly fraudulent entries in the Encumbrance Certificate for property in Survey No.35/3, Subdivision 35/3A, New Patta No.3490 at Palavakkam, traced to documents executed between 1987 and 2012. The parties to those documents were not arrayed as respondents. The Special Government Pleader submitted that the representation went beyond the scope of Sections 82 and 83 of the Registration Act, 1908; the Court did not adjudicate that point. Holding that, in the absence of parties clearly affected - including other defendants in the earlier civil-court proceedings (O.S.No.14044 of 2010 / A.S.No.102 of 2020), who appear to be family members - the matter cannot be adjudicated, the Court declined to entertain the writ petition, leaving the petitioner free to join all necessary parties and file a civil suit or re-approach the Court; no costs.

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WP No. 1206 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 29-01-2026

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CORAM

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THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY

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WP No. 1206 of 2026

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Sri Hari

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NO.A. 501, Whitefield Mudra Phase 4, Vadakkupattu Main Road, Medavakkam, Chengalpet-600 100

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..Petitioner(s)

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The Inspector General Of Registration (IGR) No.100, Santom Highway, Chennai-600 028

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The District Registrar District Registrar (South), AC 1 to 48 Todd Hunter Nagar, Fanpet, Nandanam, Chennai-600 015

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The Sub-Registrar

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Sub -Registrar Office, Neelankarai, Chennai-600 015

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..Respondent(s)

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__________ Page1 of 4

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

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WP No. 1206 of 2026

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PRAYER : Writ petition is filed under Article 226 of the Constitution of India,

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pleased to issue a Writ of Mandamus, directing the Respondents to consider the petitioner representation dated 09.10.2025 by the respondents for seeking

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removal of Fraudulent Entry in Encumbrance Certificate of Property in Survey No.35/3 and New Patta No.3490 and Subdivision 35/3A at Palavakkam.

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For Petitioner(s): Mr. T.V.G.Kartheeban For Respondent(s): Mr.U.Baranidharan, Special Government Pleader *********

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ORDER

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The petitioner seeks an inquiry and the consequential removal of entries relating to the documents mentioned in paragraph 6 of the affidavit. The said documents were executed between 1987 and 2012. The parties to the documents have not been arrayed as respondents in this writ petition.

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Learned counsel for the petitioner relies on the judgment dated

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22.01.2016 in O.S.No.14044 of 2010 and the judgment in A.S.No.102 of 2020 dated 05.08.2025.

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Mr.U.Baranidharan, learned Special Government Pleader, accepts notice

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for all the respondents. He submits that the representation goes beyond the scope of Sections 82 and 83 of the Registration Act, 1908.

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Page2 of 4

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

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WP No. 1206 of 2026

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In the absence of parties who would clearly be affected by any order issued in these proceedings, the matter cannot be adjudicated. The petitioner has even failed to join the other defendants in the proceedings before the civil court, who appear to be members of his family.

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For all these reasons, this writ petition cannot be entertained. Therefore, by leaving it open to the petitioner to join all necessary parties and file either a civil suit or re-approach this Court, this writ petition is disposed of. No costs.

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29-01-2026

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Index: Yes/No

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Speaking/Non-speaking order Neutral Citation: Yes/No

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RNA

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