Madras High Court
A.Veerasamy vs The Sub Registrar on 9 February, 2021
W.P.No.2601 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.02.2021
CORAM: JUSTICE N.SESHASAYEE
WP.No.2601 of 2021
A.Veerasamy ...Petitioner
-Vs-
The Sub Registrar,
Kadathur Sub Registrar Office,
Pappireddipatti Taluk,
Dharmapuri District. ...Respondent
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, to direct the respondent to receive
the settlement deed dated 12-11-2020 presented for registration on 13-
11-2020 based on the on-line application temporary
No.TP/968983074/2020 and to register the said deed and to return the
same to the petitioner in respect of the properties comprised in Survey
No.333/3A measuring an extent of 0.47 cents and Survey No.332/1
measuring an extent of 2.37 acres totally measuring an extent of 2.84
acres situate at Sinthalpadi Village, Pappireddipatti Taluk, Dharmapuri
District.
For Petitioner : Mr.C.Prabakaran
For Respondent : Mr.T.M.Pappiah
Special Government Pleader
ORDER
The petitioner approached the Sub Registrar, Kadathur Sub Registrar
Office, Pappireddipatti Taluk, Dharmapuri District/respondent to register
https://www.mhc.tn.gov.in/judis/
W.P.No.2601 of 2021
the settlement deed dated 12-11-2020, but it was presented well beyond
the time for registering the documents, and on this ground, the Sub-
Registrar has refused to register the document indicating that the
document was belatedly presented for registration.
2. Heard Mr.C.Prabakaran, learned counsel for the petitioner and
Mr.T.M.Pappiah, learned Special Government Pleader for the
respondent, 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
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.
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W.P.No.2601 of 2021
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.
6. So far as the settlement deed required to be registered in the present
petition is concerned, 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
Internet : Yes/No
Tsg
https://www.mhc.tn.gov.in/judis/
W.P.No.2601 of 2021
N.SESHASAYEE, J.,
Tsg
To
The Sub Registrar,
Kadathur Sub Registrar Office,
Pappireddipatti Taluk,
Dharmapuri District.
Order made in
W.P.No.2601 of 2021
09.02.2021
https://www.mhc.tn.gov.in/judis/
