Latha Ashok, Vs The Sub Registrar

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WP No. 5519 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 24-02-2026

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CORAM

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THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY WP No. 5519 of 2026

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Latha Ashok, W/o.Ashok, No.E1, F1,VGN Minerva, Gurusamy Road, Mugappair West, Nolambur, Tiruvallur-600 095 Rep by its power agent Vivekanandan, S/o.Saravanan, No.22, Rajendran Street, Thiru Nagar, Vallasaravakkam, Tiruvallur District-600 087.

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..Petitioner

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Vs

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The Sub Registrar, Konnur, Ambattur Taluk, Thiruvallur District-600 053.

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..Respondent

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Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the records pertaining to the order of Refusal Check Slip in Refusal No.RFL/KONNUR/1/2026 dated 02.02.2026 from the respondent, quash the same and directing the respondent herein the set-aside petition order dated 28.11.2016 in IA.No.311 of 2016 in O.S.No.474 of 2010 on the file of the District Munsif Court, Ambattur and within a reasonable time.

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For Petitioner: Mr. C.B.Murali Krishnan

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For Respondent: Mr. U.Baranidharan, Spl. G.P.

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

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WP No. 5519 of 2026

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ORDER

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In a suit filed by one S.T.G.Gangadharan bearing O.S.No.474 of 2010 before the District Munsif Court, Ambattur, ex parte judgment and decree dated 30.10.2013 was issued. Such decree was registered as document no.5909/2013. Later, the petitioner and one Natarajan filed I.A.No.311 of 2016 to set aside the ex parte judgment and decree. By order dated 28.11.2016, the interlocutory application was allowed. When the petitioner sought to register the same, the request was declined under the impugned refusal check slip.

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Learned counsel for the petitioner submits that the petitioner is prejudiced by the refusal to register inasmuch as an entry has been made in the register of encumbrances relating to the ex parte decree in O.S.No.474 of 2010.

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Mr.U.Baranidharan, learned Special Government Pleader, accepts notice for the respondent.

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Relying on the earlier order of this Court in M.Gunasekaran v. District Registrar, Department of Registration, Government of Tamil Nadu and others, 2025 SCC OnLine Mad 1465 , learned Special Government Pleader submits that it is not possible to register a diary extract or affidavit. He, however, adds that a neutralising entry would be made on the basis of order dated 28.11.2016 in

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Page2 of 4

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

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WP No. 5519 of 2026

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I.A.No.311 of 2016. Towards this end, he submits that an appropriate representation should be made by the petitioner.

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The Registration Act, 1908 specifies the documents that may be registered under Book – I. The list of documents required to be entered in Book I does not include a diary extract or affidavit. Nonetheless, in view of the ex parte decree being set aside, the petitioner and any others intending to deal with the relevant property would be prejudiced unless a neutralising entry is made.

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For the reasons aforesaid, the writ petition stands disposed of on the following terms:

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(i) The petitioner is permitted to submit a representation enclosing a copy of order dated 28.11.2016 in I.A.No.311 of 2016 in O.S.No.474 of 2010 and requesting that a neutralising entry be made.

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(ii) Within thirty days from the date of such representation, an appropriate neutralising entry shall be made reflecting the fact that the ex parte judgment and decree dated 30.10.2013 was set aside.

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There will be no order as to costs.

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24-02-2026

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Index : Yes/No Internet:Yes/No Neutral Citation : Yes/No kj

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__________ Page3 of 4

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

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WP No. 5519 of 2026