Madras High Court
Chellathai vs The Inspector General Of ... on 5 August, 2021
W.P.(MD)No.13527 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.08.2021
CORAM
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.(MD)No.13527 of 2021
and
W.M.P(MD).No.10486 of 2021
Chellathai ... Petitioner
Vs.
1. The Inspector General of Registration,
No.100, Santhome High Road,
Raja Annamalaipuram,
Chennai – 600 028.
2. The District Registrar,
District Registrar Office,
Palayamkottai, Kokkirakulam,
Tirunelveli District – 627 009.
3. The Sub-Registrar,
Kadampur Sub-Registrar Office,
40/60, South Bazaar,
Kadampur, Thoothukudi District. ... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India,
to issue a Writ of Certiorarified Mandamus, to call for the records
pertaining to the proceedings of the second respondent in Na.Ka.No.
4637/A1/2020 dated Nil-09-2020, quash the same and consequently
direct the third respondent to register the decree passed in O.S.No.
1/5
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.13527 of 2021
152/2013 on 13.01.2015 by the District Munsif Court, Srivaikundam.
For Petitioner : Mr.L.Shaji Chellan
For Respondents : Mr.R.Baskaran,
Counsel for State for R1 to R3
ORDER
The petitioner challenges an order dated 28.09.2020 whereby the
District Registrar refused to register a decree on the ground that the time
limit specified in such regard had been exceeded by the petitioner.
2. The petitioner states that he approached the third respondent
with the request to register a decree in O.S.No.152 of 2013 dated
13.01.2015. By citing Section 23 of the Registration Act 1908, the
authority refused to register the decree.
3. Learned counsel for the petitioner states that the impugned order
is directly contrary to a judgment of the Division Bench of this Court in
W.A.No.336 of 2019 dated 07.02.2019.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.13527 of 2021
4. Mr.R.Baskaran, learned counsel for the State, accepts notice on
behalf of all the respondents. He concurs that the impugned order is
contrary to the aforesaid judgment of the Division Bench of this Court.
5. Upon perusal of the judgment of the Division Bench of this
court in W.A.No.336 of 2019, it is noticeable that the Division Bench
held, in relevant part, as under:
“26. As pointed out by us earlier, the time limit stipulated under
Section 23 of the Act will have no application to a court decree.”
6. In view of the aforesaid dictum of the Division Bench of this
court, the impugned order of the second respondent is clearly
unsustainable. Consequently, the impugned order dated 28.09.2020 is
quashed. As a corollary, the third respondent herein is directed to receive
and register the decree passed in O.S.No.152 of 2013 by the District
Munsif Court, Srivaikundam, within a period of thirty days from the date
of receipt of a copy of this order.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.13527 of 2021
7. W.P(MD).No.13527 of 2021 is disposed of on these terms
without any order as to costs. Consequently, W.M.P(MD).No.10486 of
2021 is closed.
05.08.2021
Index : Yes
Internet : Yes
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To
1. The Inspector General of Registration,
No.100, Santhome High Road,
Raja Annamalaipuram,
Chennai – 600 028.
2. The District Registrar,
District Registrar Office,
Palayamkottai, Kokkirakulam,
Tirunelveli District – 627 009.
3. The Sub-Registrar,
Kadampur Sub-Registrar Office,
40/60, South Bazaar,
Kadampur, Thoothukudi District.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.13527 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
pkn
W.P.(MD)No.13527 of 2021
05.08.2021
https://www.mhc.tn.gov.in/judis/
