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2026 Supreme(Online)(Mad) 41831

IN THE HIGH COURT OF JUDICATURE AT MADRAS
L. Victoria Gowri, J
Samrat – Appellant
Versus
Sub Registrar – Respondent
W.P No. 19484 of 2026



Advocates:
For the Appellants/Petitioners: G. Mohammed Aseef
For the Respondents: M. Murali

The Court may direct licensing authorities to consider representations for removing stale encumbrance entries after providing due notice and hearing to all affected parties under principles of natural justice.

Headnote:The petitioner filed a writ petition under Art. 226 of the Constitution seeking a Mandamus for the removal of a stale sale agreement entry from the Encumbrance Certificate and a consequential direction for the execution of a sale deed. The Court observed the limited scope of the request and directed the authority to conduct an inquiry. The main issue was whether a long-standing unregistered or stale entry in the Encumbrance Certificate could be removed upon representation. The court followed the principles of natural justice, requiring that the authorities provide an opportunity of hearing to both the petitioner and the parties to the sale agreement before determining the genuineness of the claim. The Court directed the authority to consider the representation and carry out necessary deletions within eight weeks if the claim is found to be genuine.

Table of Content
1. nature of writ petition for removing encumbrance entries. (Para 1 , 2)
2. requirement of notice and hearing before altering property records. (Para 3)

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-05-2026 CORAM THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI W.P No. 19484 of 2026 S.Samrat S/o.Shankar No.6/4, Ayyasamy Pillai Street Hosur, Krishnagiri 635109.

..Petitioner Vs The Sub Registrar Sub Registrar Office Hosur Taluk, Krishnagiri District.

..Respondent Prayer : Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondent to remove the entry relating to the sale agreement dated 25.04.2005 registered as Doc.No. 3524 of 2005 from the Encumbrance Certificate in respect of the property comprised in Old Survey No. 498, as per patta No.637 new Survey No. 498/2A1A1A11A1, measuring to an extent of 2800 sq.ft., situated at Plot Nos. 16 and 17, Zuzuvadi Village, Hosur Taluk, Krishnagiri District by considering the petitioners representation dated 30.04.2026 and consequently direct the respondent to execute the sale deed in respect of the above mentioned property when presented for the execution.

For Petitioner : Mr.G.Mohammed Aseef For Respondent : Mr.M.Murali Government Advocate

Order

This writ petition has been filed seeking for a direction to the respondent to remove the entry relating to the sale agreement dated 25.04.2005 registered as Doc.No. 3524 of 2005 from the Encumbrance Certificate in respect of the property comprised in Old Survey No. 498, as per patta No.637 new Survey No. 498/2A1A1A11A1, measuring to an extent of 2800 sq.ft., situated at Plot Nos. 16 and 17, Zuzuvadi Village, Hosur Taluk, Krishnagiri District by considering the petitioners representation dated 30.04.2026 and consequently direct the respondent to execute the sale deed in respect of the above mentioned property when presented for the execution.

2. Heard Mr.G.Mohammed Aseef, learned counsel for the petitioner and Mr.M.Murali, learned Government Advocate for the respondent.

3. Considering the limited scope of the prayer sought for in the writ petition, the respondent is directed to put the petitioner as well as the parties to the sale agreement dated 25.04.2025 registered as Document No.3524 of 2005 on notice and after affording an opportunity of hearing if the petitioner's claim is found to be genuine, the entry relating to the said sale agreement made in the Encumbrance Certificate may be deleted from the records within a period of eight weeks from the date of receipt of a copy of this writ petition.

4. With the above direction, this writ petition is disposed of. No costs.

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