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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.Anand Venkatesh
M.Gunasekaran, S/o. Muthumanickam – Appellant
Versus
District Registrar, Department of Registration – Respondent
| Table of Content |
|---|
| 1. writ petition for encumbrance certificate deletion (Para 1 , 2) |
| 2. registration of dismissed injunction applications challenged (Para 3 , 4) |
| 3. legal definitions of documents and their registration requirements (Para 5 , 6 , 7 , 8 , 9) |
| 4. delineation between documents and pleadings under law (Para 15 , 16 , 17 , 18) |
| 5. court mandates deletion of improper encumbrance entry (Para 22) |
ORDER :
N. Anand Venkatesh, J.
This writ petition has been filed for the issue of writ of Mandamus directing the 2nd respondent to delete the entry made in the encumbrance certificate relating to the property belonging to the petitioner based on the order passed in IA No.1 of 2023 in OS No.238 of 2023 dated 31.10.2024 on the file of the Additional District Judge at Dharmapuri.
2. When the matter came up for hearing on 12.02.2025, this Court passed the following order :-
The subject matter of controversy in the present writ petition pertains to the registration of an order passed by the Additional District Judge, Dharmapuri in I.A No.1 of 2023 in OS No.238 of rd
2022 dated 31.10.2023 wherein the application filed by the 3 respondent seeking for the relief of temporary injunction pending the suit
Pleadings in civil suits cannot be registered as documents under the Registration Act, 1908, as they do not create or affect property rights.
Mere pendency of suit not registrable as encumbrance; seek civil court interim relief.
The importance of registration under Section 60 of the Registration Act, 1908 and the role of the Sub-Registrar in completing the registration process.
A petitioner must comply with statutory requirements for document registration, and failure to provide evidence of proper presentation can lead to dismissal of the writ petition.
The procedural law must facilitate justice; objections not outlined in the statute cannot impede plaint registration at the initial stage.
(1) Return of plaint – For curing any of permissible defects, no court shall return plaint more than once – Returning plaint multiple times on multiple grounds is a sin in procedure.(2) Encumbrance c....
Writ jurisdiction under Article 226 is not maintainable if effective statutory remedies are available and not pursued, especially in cases of delay.
No provision under Registration Act to delete entries in Encumbrance Register; contra entries permissible.
Registration Department cannot cancel registered documents; must register civil court judgments and decide with speaking order if refused.
A writ of mandamus cannot be issued without evidence of a demand for registration and subsequent refusal; misleading statements in affidavits can lead to dismissal.
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