S.Prabakaran vs The District Registrar
2021 Latest Caselaw 15289 Mad

                                                                               W.P.No.15689 of 2021




                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 29.07.2021

                                                    CORAM:

                            THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN
                                               W.P.No.15689 of 2021

                  S.Prabakaran,
                  S/o. Subramaniya Gounder                                       ... Petitioner


                                                       Vs.

                  1. The District Registrar,
                     Krishnagiri Dt.

                  2. The Sub-Registrar,
                     O/o. Sub-Registrar Office,
                     Uthangarai,
                     Krishnagiri Dt.                                        ... Respondents


                  Prayer : Writ Petition is filed under Article 226 of the Constitution of India

                  praying for the issuance of a Writ of Mandamus, directing the 1st Respondent

                  herein to consider and pass orders on the petitioner's representation dated

                  10.12.2020, which was given to direct the 2nd respondent to register the

                  decree passed by the Principal District Judge, Dharmapuri dated 28.10.2004

                  in A.S.No.53 of 2003.


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                                                                                 W.P.No.15689 of 2021

                                    For Petitioner   :     Mr.S.Sathish Rajan

                                    For Respondents :      Mr.Yogesh Kannadasan,
                                                           Government Advocate


                                                         ORDER

(The case has been heard through video conference)

The Writ Petition has been filed seeking a direction directing the 1st

respondent to consider the petitioner's representation dated 10.12.2020

seeking to direct the 2nd respondent to register the decree passed by the

Principal District Judge, Dharmapuri dated 28.10.2004 in A.S.No.53 of

2003.

2. The grievance of the petitioner is that, the petitioner wants to

register the decree passed in A.S.No. 53 of 2003, on the file of Principal

District Judge, Dharmapuri and he has presented the same before the 2 nd

respondent for registration. The 2nd respondent had refused to even receiving

the document for registration on the ground that it has been filed beyond the

period of limitation prescribed under Sec.23 of Registration Act. Hence, the

present Writ Petition has been filed by the petitioner.

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

W.P.No.15689 of 2021

3. Considering the fact that, this Court in a judgment passed W.P.

Nos. 4591 of 2020, 13022 etc. of 2021 dated 29.07.2021 has held that the

limitation prescribed under Sec.23 of the Registration Act is not applicable

for registering the decree, the respondent cannot refuse to register the decree

on the ground of delay. In the said circumstances, the 2nd respondent Sub-

Registrar is directed to register the document within a period of two weeks

from the date of receipt of a copy of this order without any reference to the

limitation prescribed under Section 23 of the Registration Act, if the

document is otherwise in order. Accordingly, this Writ Petition stands

disposed of. No costs.

29.07.2021 rpp

To

1. The District Registrar, Krishnagiri Dt.

2. The Sub-Registrar, O/o. Sub-Registrar Office, Uthangarai, Krishnagiri Dt.

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

W.P.No.15689 of 2021

V.BHARATHIDASAN, J.

rpp

W.P.No.15689 of 2021

29.07.2021

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