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2026 Supreme(Online)(Mad) 25406
IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J
S.Rahumathnisha W/o Syed mansoor – Appellant
Versus
The State of Tamil nadu Rep. by the Inspector General of Registration – Respondent
W.P. No.12232 of 2026
For the Appellants/Petitioners: Mr.D.Manimaran
For the Respondents:Mr.P.Harish Government Advocate
A Writ of Mandamus is not maintainable without first challenging the relevant entries through an appropriate writ petition.
Headnote:This judgment relates to a Writ Petition filed under Article 226 of the Constitution seeking a Writ of Mandamus. The petitioners contest the deficit stamp duty entries in the Encumbrance Certificate, arguing they are incorrect. The Court finds that a separate challenge should be made for the entries, allowing the petitioners to file a new petition. The case is disposed of without costs.
| Table of Content |
|---|
| 1. grievance regarding deficit stamp duty entries. (Para 1) |
| 2. challenge must occur before seeking mandamus. (Para 2) |
| 3. petition disposed of; liberty granted for a new petition. (Para 4) |
O R D E R
The grievance of the petitioners in this Writ Petition is that in the Encumbrance Certificate, deficit stamp duty entries have been made by the 3rd respondent, which according to the petitioners, is not correct and it has to be removed.
2.However, instead of challenging the deficit stamp duty entries reflected in the Encumbrance Certificate for the subject property, the petitioners have filed this Writ Petition, just for Mandamus. Necessarily, the petitioners will have to challenge the deficit stamp duty entries reflected in the Encumbrance Certificate by filing appropriate Writ Petition. Without challenging the same, the Writ Petition filed for Mandamus is not maintainable.
3.Learned counsel for the petitioners seeks liberty for the petitioners to file a fresh Writ Petition challenging the deficit stamp duty entries for the subject property by filing a fresh Writ Petition. No prejudice would be caused to the petitioners if such a liberty is granted by this Court.
4.Accordingly, this Writ Petition is disposed of by granting liberty to the petitioners to challenge the deficit stamp duty entries made in the Encumbrance Certificate for the subject property, which is the subject matter of this Writ Petition, by filing a separate Writ Petition. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.
