Madras High Court
Smt.P.Anandhavalli Ammal vs The Inspector General Of ... on 9 February, 2021
W.P.No.2538 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.02.2021
CORAM: JUSTICE N.SESHASAYEE
W.P.No.2538 of 2021
Smt.P.Anandhavalli Ammal ...Petitioner
-Vs-
1.The Inspector General of Registration,
No.100, Santhome High Road,
Chennai.
2.The Deputy Inspector General of Registration,
No.50, Sankara Naidu Street,
Thiruppapuliyur, Cuddalore - 607 002.
3.The District Registrar,
Registration Department,
No.63/40, Perumal Koil Street,
Tindivanam, Villupuram District - 604 001.
4.The Sub-Registrar,
O/o. the Sub-Registrar,
Mailam, Villupuram District. ...Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, directing the Respondents herein to
forthwith register the Judgment and Decree of this Honourable Court
dated 02.03.2020 in S.A.No.812 of 2013 in the relevant Books of the
Sub-Registrar Office, Mailam, without reference to the Notice dated
1/6
https://www.mhc.tn.gov.in/judis/
W.P.No.2538 of 2021
12.01.2021 issued in P31/2020 by the 4th Respondent herein.
For Petitioner : Mr.Muthumani Doraisami
For Respondents : Mr.T.M.Pappiah,
Special Government Pleader
ORDER
The petitioner approached the Sub Registrar, Mailam, Villupuram
District/fourth respondent to register the compromise decree in
S.A.No.812 of 2013 dated 02.03.2020, but it was presented well beyond
the time for registering the documents, and on this ground, the Sub-
Registrar has rejected to register the said decree Vide the proceedings in
Na.Ka.No.207/2020, dated 23.09.2020 indicating that the document was
belatedly presented for registration.
2. Heard Mr.Muthumani Doraisami, learned counsel for the petitioner
and Mr.T.M.Pappiah, learned Special Government Pleader for the
respondents, and perused the documents.
3. The learned counsel for the petitioner brought to the notice of this
Court in a judgment of this Court in K.Dhayanidhi vs. State of Tamil
Nadu [2020 (2) TNCJ 737(Mad)], wherein, the Court has held, after
https://www.mhc.tn.gov.in/judis/
W.P.No.2538 of 2021
relying on the judgment of the Division Bench of this Court in
S.Sarvothaman v. The Sub Registrar at Oulgaret, Puducherry
[ 2019(3)MLJ 517 = AIR 2019 Mad 125] that registering a decree of the
Court is an optional registration and hence, the limitation prescribed
under Sections 23 and 25 of the Act, would not apply.
4. The learned Special Government Pleader appearing for the
respondents would submit that the Registration Act gives exception in
the document and hence, the Sub-Registrar has refused to register the
document.
5. The law declared by the Division Bench of this Court in
S.Sarvothaman case cited supra, has settled the issue. The registration
of a decree is only optional under Section 17(2) of the Registration Act,
and therefore, the limitation prescribed under Section 23 of the Act, and
the power to condone the delay after four months as provided under
Section 25 of the Act, may not apply. There is however one exception to
the rule in that, as per Section 17(2)(vi) of the Registration Act, where in
a compromise decree, any properties other than the subject matter of the
https://www.mhc.tn.gov.in/judis/
W.P.No.2538 of 2021
suit (in which compromise decree is passed) is included, then such
compromise decree has to be registered under Section 17(1) of the Act.
Therefore, except the category of compromise decrees as mentioned in
Section 17(2)(vi) of the Registration Act, for all other categories of
decrees, the Registering Authority has to register the same without
reference to any limitation.
6. So far as the decree required to register in the present petition is
concerned, the subject to what is herein above stated, the Registering
Authority is required to register the same. The petition is allowed in the
manner indicated. No costs.
09.02.2021
Index : Yes/No
Tsg
https://www.mhc.tn.gov.in/judis/
W.P.No.2538 of 2021
To
1.The Inspector General of Registration,
No.100, Santhome High Road,
Chennai.
2.The Deputy Inspector General of Registration,
No.50, Sankara Naidu Street,
Thiruppapuliyur, Cuddalore - 607 002.
3.The District Registrar,
Registration Department,
No.63/40, Perumal Koil Street,
Tindivanam, Villupuram District - 604 001.
4.The Sub-Registrar,
O/o. the Sub-Registrar,
Mailam, Villupuram District.
https://www.mhc.tn.gov.in/judis/
W.P.No.2538 of 2021
N.SESHASAYEE, J.,
Tsg
W.P.No.2538 of 2021
09.02.2021
https://www.mhc.tn.gov.in/judis/
