M.S.Senthilkumar v. The District Registrar

ORDER The present Writ Petition has been filed seeking the issuance of a Writ of Mandamus directing the respondents 1 and 2 to remove the encumbrance made vide Doc No.8 of 1999 dated 22.04.1999 on the file of 2nd respondent in respect of the property comprised in Survey Nos.644/1 and 644/2 to an extent of 1.29 1/2 acres situated at Kanjikoil Village, Perundurai Taluk, Erode District, by considering the petitioner's representation dated 05.01.2026 and No due Certificate dated 27.11.2025 which was issued by the 3rd respondent, within the time limit to be stipulated by this Court.

¶2The learned counsel for the petitioner submitted that the petitioner is the son and legal heir of late Shanmugam, who was the proprietor of M/s. Salem Cones. The petitioner's father had availed loan facilities from the 3rd respondent Page2 of 7 Bank, and upon default in repayment, the Bank instituted recovery proceedings in O.S. No. 55 of 1988 before the learned Sub-Court, Erode. Pursuant to the decree, execution proceedings were initiated in E.P.R. No. 127 of 1998, and by order dated 22.04.1999, the petitioner's father's property measuring 1.29½ acres in Survey Nos. 644/1 and 644/2 at Kanjikoil Village, Perundurai Taluk, Erode District, was attached and an encumbrance was registered as Document No. 8 of 1999.

¶3Thereafter, the petitioner's father passed away on 02.12.2019. Subsequently, the petitioner settled the entire outstanding loan amount of Rs.3,00,000/- on 15.11.2025, and the 3rd respondent Bank issued a No Due Certificate dated 27.11.2025, confirming that no dues remained in respect of the loan accounts.

¶4Despite the loan having been fully discharged, the encumbrance created pursuant to the attachment continued to reflect in the records, preventing the petitioner from dealing with the property. The petitioner submitted a representation dated 05.01.2026 to the respondents seeking removal of the encumbrance. As no action was taken, the petitioner has filed the present writ Page3 of 7 petition seeking a direction to remove the encumbrance entered as Document No. 8 of 1999 from the registration records.

¶5The learned counsel appearing for the 3rd respondent Bank submitted that the petitioner has discharged the entire outstanding loan liability and that no amount remains due and payable as on date. It was further submitted that the execution proceedings have also been closed in view of the full and final settlement of the loan account.

¶6Having considered the submissions made on either side and upon perusal of the materials placed on record, this Court finds that the petitioner has fully discharged the loan liability due to the 3rd respondent Bank, which has also issued a No Due Certificate acknowledging the settlement of the loan account. It is further evident that the execution proceedings have been terminated consequent upon such settlement. In such circumstances, the continuance of the attachment and the consequential encumbrance over the petitioner's property serves no legal purpose. Page4 of 7

¶7Accordingly, the order of attachment passed by the learned Sub Court, Erode, in E.P.R. No.127 of 1998, dated 22.04.1999, shall stand raised. The petitioner is directed to produce a copy of this order before the registering authority. On receipt of the same, the 1st and 2nd respondents shall take necessary steps to remove the encumbrance arising out of Document No.8 of 1999 and make appropriate entries in the relevant registration records, in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order.

¶8With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. 13-07-2026 Index: Yes/No Speaking/Non-speaking order Asi Page5 of 7 To

¶1The District Registrar District Registrar office, Gopichettipalayam, Erode District.

¶2The Sub Registrar Kavunthappadi Sub-Registrar office, Kavunthappadi, Erode District.

¶3The Branch Manager UCO Bank, Erode Branch, No.11, Parimalam Complex, E.V.Nanjappa Road, Erode-638 011 Page6 of 7 WPoNo.o6234oofo2026 KRISHNANoRAMASAMY,oJ. Asi WPoNo.o6234oofo2026 13-07-2026 Page7oofo7

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-07-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY M.S.Senthilkumar S/o.Shanmugam, No.M46, Manickampalayam Housing Unit, Erode-638 011 ..Petitioner(s) Vs 1. The District Registrar District Registrar Office, Gopichettipalayam, Erode District. 2. The Sub Registrar Kavunthappadi Sub-Registrar office, Kavunthappadi, Erode District. 3. The Branch Manager UCO Bank, Erode Branch, No.11, Parimalam Complex, E.V.Nanjappa Road, Erode-638 011 ..Respondent(s) PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the issuance of a Writ of Mandamus directing the respondents 1 and 2 to remove the encumbrance made vide Doc No.8 of 1999 dated 22.04.1999 on the file of 2nd respondent in respect of the property comprised in Page1 of 7 Survey Nos.644/1 and 644/2 to an extent of 1.29 1/2 acres situated at Kanjikoil Village, Perundurai Taluk, Erode District, by considering the petitioners representation dated 05.01.2026 and No due Certificate dated 27.11.2025 which was issued by the 3rd respondent, within the time limit to be stipulated by this Court. For Petitioner(s): Ms. S.Rithika For Respondent(s): Mr.Dominic S.David Government Counsel for R1 and R2 Mr.PS.Ganesh for R3