Madras High Court
P.Kannammal vs The Inspector General Of ... on 1 April, 2021
W.P.No.138 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.04.2021
CORAM : JUSTICE N.SESHASAYEE
W.P.No.138 of 2021
P.Kannammal ... Petitioner
Vs
1.The Inspector General of Registration
100, Santhome High Road
Chennai – 600 004.
2.The District Registrar
Collector's Office Complex
Coimbatore – 18.
3.The Sub-Registrar
SRO, Periyanayakanpalayam
Railway Feeder Road
Near to General Hospital
Coimbatore – 641 020.
4.N.Veerapathiran
5.V.Guruthachalam ...
Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus to direct the respondents 1 to 3 to
consider the petitioner's representation dated 28.09.2020, and
consequently direct the third respondent to incorporate the judgment and
decree dated 04.01.2018 passed in O.S.No.1091/2016 in the
encumbrance certificate.
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W.P.No.138 of 2021
For Petitioner : Mr.B.Manimaran
For Respondents : Mr.T.M.Pappiah
Special Government Pleader [R1 to R3]
ORDER
This matter was disposed of by this Court on 15.02.2021. But at the time
of preparing the order, some doubt arose and hence, this matter was again
re-posted and heard today.
2. The present petition is filed for issuance of writ of mandamus directing
the respondents 1 to 3 to consider the representation of the petitioner
date 28.09.2020 and consequently direct the respondent concerned to
incorporate the judgment in OS.No.1091/2016 on the file of II Additional
Sub Court, Coimbatore.
3. The allegation of the petitioner is that the petitioner has laid
O.S.No.1091/2016 for partition before the II Additional Sub Court,
Coimbatore, and this came to be decreed and a preliminary decree was
passed on 04.1.2018. The Court also set aside the sale deed dated
5.12.2011 and registered as number 17968/2011. The grievance of the
petitioner is that violating the said decree, some of the sharers have sold
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W.P.No.138 of 2021
the property. She therefore require the Registering Authority to register
the decree in OS.1091/2016.
4. No counter has been filed. Heard both the counsel. The learned
counsel for the petitoiner brought to the notice of the Court the
judgement of the Division Bench of this Court in S.Sarvothama Vs. The
Sub-Registrar, Oulgaret, Puducherry [AIR 2019 Mad 125], and
submitted that so far as registration of the decree is concerned, the
limitation prescribed under Section 23 of the Limitation Act will not
apply.
5. This Court finds considerable merit in the submissions of the learned
counsel, and directs the authority to register the decree within a period of
four weeks from the date of receipt of a copy of this order, and thereafter
to enter the same in the register of encumbrance.
6. This writ petition is allowed with the above direction. No costs.
01.04.2021
ds
Index : Yes / No
Speaking Order / Non-speaking Order
https://www.mhc.tn.gov.in/judis/
W.P.No.138 of 2021
N.SESHASAYEE.J.,
ds
To:
1.The Inspector General of Registration
100, Santhome High Road
Chennai – 600 004.
2.The District Registrar
Collector's Office Complex
Coimbatore – 18.
3.The Sub-Registrar
SRO, Periyanayakanpalayam
Railway Feeder Road
Near to General Hospital
Coimbatore – 641 020.
W.P.No.138 of 2021
01.04.2021
https://www.mhc.tn.gov.in/judis/
