Manickam vs The District Registrar
2021 Latest Caselaw 997 Mad

                                                                             W.P.No.731 of 2021

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 18.01.2021

                                      CORAM: JUSTICE N.SESHASAYEE

                                                  W.P.No.731 of 2021

                     Manickam                                                ...Petitioner

                                                         -Vs-

                     1. The District Registrar,
                     Registration Department,
                     Tiruppur District,
                     Tiruppur.

                     2.The Sub-Registrar,
                     Registration Department,
                     Palladam,
                     Tiruppur District.                                    ...Respondents

                     Prayer: Writ Petition is filed under Article 226 of the Constitution of
                     India, to issue a Writ of Certiorarified Mandamus, calling for the records
                     relating to the impugned Refusal Check Slip dated 07.12.2020 on the file
                     of the 2nd respondent herein, quash the same and consequently direct the
                     2nd respondent herein to register the Judgment and Decree dated
                     11.09.2018 passed in A.S.No.10/2018 on the file of the Sub-Court,
                     Palladam.

                                   For Petitioner    : Mr.K.Govi Ganesan

                                   For Respondents : Mr.T.M.Pappiah,
                                                     Special Government Pleader

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https://www.mhc.tn.gov.in/judis/
                                                                             W.P.No.731 of 2021

                                                    ORDER

The petitioner approached the 2nd respondent to register the compromise

decree dated 07.12.2020, but it was presented well beyond 8 months time

for registering the documents, on this ground, the Sub-Registrar has

issued a check slip indicating that the document was belatedly presented

for registration.

2. Heard Mr.N.Manokaran, learned counsel for the petitioner and

Mr.T.M.Pappiah, learned Special Government Pleader for the

respondents.

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, this Court has held that

registering a decree of the Court is an occasional registration and hence,

the limitation prescribed under Sections 23 and 25 of the Act, would not

apply.

4. This Court perused the documents.

5. The learned Special Government Pleader appearing for the

https://www.mhc.tn.gov.in/judis/ W.P.No.731 of 2021

respondents would submit that the registration gives exception in the

document and hence, the Sub-Registrar has refused to register the

document. Admittedly, the decree was presented for registration beyond

the period of limitation of 8 months prescribed for the same, the

Registration Authorities do not have any powers to condone the delay on

payment of penalty.

6. This Court concurs with the law as declared by this Court in

K.Dhayanidhi vs. State of Tamil Nadu. In view of the same, this Court

directs the 2nd respondent to register the compromise decree which was

followed by the Division Bench of this Court in S.Sarvothaman v. The

Sub Registrar at Oulgaret, Puducherry [ 2019(3)MLJ 517 = AIR 2019

Mad 125.

7. Accordingly, this Writ Petition is allowed. No costs.

                                                                                      18.01.2021

                     Index         : Yes/No
                     ssn

https://www.mhc.tn.gov.in/judis/ W.P.No.731 of 2021

N.SESHASAYEE, J.,

ssn To

1. The District Registrar, Registration Department, Tiruppur District, Tiruppur.

2.The Sub-Registrar, Registration Department, Palladam, Tiruppur District.

W.P.No.731 of 2021

18.01.2021

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