Madras High Court
Sailanathan vs The Deputy Inspector General Of ... on 26 April, 2021
W.P.(MD).No.8432 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.04.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).No.8432 of 2021
Sailanathan ... Petitioner
Vs.
1. The Deputy Inspector General of Registration,
Registration Office, Tirunelveli Range,
Tirunelveli District.
2. The District Registrar, Palayamkottai, Tirunelveli District.
3. The Sub Registrar,
Office of the Sub Registrar,
Kommadikottai, Sathankulam Taluk,
Thoothukudi District. ... Respondents
Prayer: This Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the third respondent to register the
decree passed in O.S.No.401 / 2013, dated 30.06.2014, on the file of the
learned Sub Judge, Thoothkudi, under the provisions of Registration Act.
For Petitioner : Mr.R.Maheswaran
For Respondents : Mr.K.Sathiyasingh
Additional Government Pleader
ORDER
This Writ Petition has been filed for the issue of a Writ of
Mandamus directing the third respondent to register the decree passed in
O.S.No.401 of 2013, dated 30.06.2014, by the Sub Court, Thoothukudi.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.8432 of 2021
2. The case of the petitioner is that the subject property was
originally owned by the mother of the petitioner, by virtue of a registered
partition deed, dated 11.11.1951, leaving behind the petitioner as the sole
legal heir.
3. It is stated that a patta was granted in favour of one Durairaj
and Saroja with respect to the subject property. Therefore, the petitioner filed
a suit in O.S.No.401 of 2013, on the file of the Sub Court, Thoothukudi,
seeking for the relief of declaration and permanent injunction. It is seen from
the Judgment passed in this suit that the matter was contested by the parties
and ultimately, the suit was decreed as prayed for through Judgment and
Decree, dated 30.06.2014. It is further stated that this decree has become
final and no appeal has been preferred by the defendants.
4. The petitioner presented the decree for registration before the
third respondent on 15.05.2015. The grievance of the petitioner is that the
third respondent is refusing to receive this document on the ground that there
is no specific direction given by the trial Court permitting the petitioner to
register the decree. Aggrieved by the same, the present Writ Petition has been
filed before this Court seeking for appropriate directions.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.8432 of 2021
5. Heard Mr.R.Maheswaran, learned counsel appearing on behalf
of the petitioner and Mr.K.Sathiya Singh, learned Additional Government
Pleader appearing on behalf of the respondents.
6. In the considered view of this Court, the trial Court has passed
the decree in favour of the petitioner by declaring his title to the suit property
and has also granted consequential reliefs. Therefore, it is not necessary that
the trial Court should have specifically permitted the petitioner to register the
decree. The Registration Act by itself provides for registration of a Court
decree. In view of the above, there shall be a direction to the petitioner to
present the decree for registration before the third respondent along with a
sworn affidavit to the effect that the decree passed in O.S.No.401 of 2013,
dated 30.06.2014, has become final. The third respondent on receipt of the
same shall register the decree, if it is otherwise in order and necessary stamp
duty and registration charges are paid by the petitioner.
7. The petitioner is directed to represent the document along
with the sworn affidavit and also a copy of this order.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.8432 of 2021
8. The Writ Petition stands disposed of with the above directions.
No costs.
26.04.2021
Internet : Yes/No
Index : Yes/No
tsg
To
1. The Deputy Inspector General of Registration,
Registration Office, Tirunelveli Range,
Tirunelveli District.
2. The District Registrar,
Palayamkottai, Tirunelveli District.
3. The Sub Registrar,
Office of the Sub Registrar,
Kommadikottai, Sathankulam Taluk,
Thoothukudi District.
NOTE:
In view of the present lock down owing to COVID-19 pandemic,
a web copy of the order may be utilized for official purposes, but,
ensuring that the copy of the order that is presented is the correct
copy, shall be the responsibility of the advocate/litigant
concerned.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.8432 of 2021
N.ANAND VENKATESH, J.
tsg
Order made in
W.P.(MD).No.8432 of 2021
Dated:
26.04.2021
https://www.mhc.tn.gov.in/judis/
