K.Sridharan vs The Inspector General Of ...
2021 Latest Caselaw 2795 Mad

                                                                                  W.P.No 28016 of 2017

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 05.02.2021

                                                           CORAM
                                     THE HONOURABLE Mr. JUSTICE S.S.SUNDAR
                                                     W.P. No. 28016 of 2017


                K.Sridharan                                                               ... Petitioner
                                                              Vs

                1.The Inspector General of Registration,
                  No.100, Santhome Road,
                  Pattinapakkam,
                  Chennai – 600 028.

                2.The District Registrar,
                  Dharmapuri,
                  Dharmapuri District.                                                  .. Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 15.06.2017 and thereby direct the respondents to register the decree in O.S. No.182 of 2014 dated 16.04.2015 passed by the learned Sub Court, Dharmapuri.

                                    For Petitioner            : No appearance

                                    For Respondents           : Mr. P.P.Purushothaman
                                                                Government Advocate

https://www.mhc.tn.gov.in/judis/

W.P.No 28016 of 2017

O RD E R

This Writ Petition has been filed for issuance of Writ of Mandamus Writ

of Mandamus directing the respondents to consider the petitioner's

representation dated 15.06.2017 and thereby direct the respondents to register

the decree in O.S. No.182 of 2014 dated 16.04.2015 passed by the learned Sub

Court, Dharmapuri.

2. It is stated in the affidavit filed in support of this Writ Petition that the

petitioner has filed a suit for partition in O.S. No.182 of 2014 before the Sub-

Court, Dharmapuri. The said suit was decreed by a judgment dated 16.04.2015.

After getting an ex parte decree for partition, the petitioner has approached the

District Registrar, Dharmapuri to register the decree in O.S. No.182 of 2014.

Since the petitioner's request was not considered, the petitioner has approached

this Court by filing the present Writ Petition.

3. It is permissible in law to register the decree of the Civil Court. Since

the representation of the petitioner dated 15.06.2017 is pending for a long time,

this Court is inclined to allow this Writ Petition by directing the respondents to

consider the petitioner's representation.

https://www.mhc.tn.gov.in/judis/

W.P.No 28016 of 2017

4. The second respondent is directed to consider the representation of the

petitioner dated 15.06.2017. Since the decree has to be registered by the Sub-

Registrar, the second respondent shall forward a copy of the representation to

the Sub-Registrar concerned who shall consider the representation after issuing

notice to the interested parties including the petitioner and pass appropriate

orders within a reasonable time.

5. With the above direction, this Writ Petition is disposed of. No costs.

05.02.2021 Index:Yes/No Speaking order / Non speaking order bkn

To

1.The District Collector, Collectorate, Salem District – 1.

2.The District Revenue Officer, Collectorate, Salem – 1.

3.The Revenue Divisional Officer, Collectorate, Salem District – 1.

4.The Tahsildar, Salem West Taluk Office, Suramangalam & Post, Salem District.

https://www.mhc.tn.gov.in/judis/

W.P.No 28016 of 2017

S.S.SUNDAR. J.,

bkn

5.The Executive Engineer cum Administrative Officer, Salem Housing Board Division, Iron Thirumalagai Road, Salem – 8.

W.P. No. 28016 of 2017

05.02.2021

https://www.mhc.tn.gov.in/judis/