Madras High Court
S.Ahamed Sali vs The District Registrar ... on 9 November, 2021
W.P.(MD).No.19804 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.11.2021
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.(MD).No.19804 of 2021
and
W.M.P.(MD).No.16496 of 2021
S.Ahamed Sali ... Petitioner
Vs.
1.The District Registrar (Administration),
Cadre of Assistant Inspector General of Registration,
Combined Registration Campus,
St.Marks Street,
Palayamkottai,
Tirunelveli.
2.The Sub-Registrar,
O/o. the Sub-Registrar,
Pettai – 627 004. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
records relating to the impugned orders passed by the first respondent in
No.6333/Aa1/2020 dated 25.01.2021 as well as the Refusal Check Slip passed
by the second respondent in Refusal No.RFL/Pettai/58/2021 dated 28.09.2021
and quash the same and consequently directing the second respondent to
entertain the judgment and decree passed in S.A.No.1511 of 2001 dated
10.01.2020 for registration and to register the same.
For Petitioner : Mr.M.P.Senthil
https://www.mhc.tn.gov.in/judis/
For Respondents : Mr.S.Shanmugavel
Special Government Pleader
1/4
W.P.(MD).No.19804 of 2021
ORDER
The grievance raised by the learned counsel for the petitioner is
that the second respondent/The Sub-Registrar, Pettai has refused to take on
record and register decree of Court in S.A.Nos.1511, 1564, 1644, 1712 and
1732 of 2001 dated 10.01.2020 passed by the learned Single Judge of this
Court.
2. The second respondent apparently held that the document was
presented for registration after the expiry of four (4) months. However, Courts
have interpreted consistently that the said period of four (4) months would not
apply to a Court decree when presented for registration. The reason given by
the second respondent is therefore interfered with and rejected and a direction
is placed on the second respondent to register the Court decree if presented for
registration by adopting proper procedure and with requisite Court fees. The
orders of the first and second respondents are set aside.
3. Mr.S.Shanmugavel, learned Special Government Pleader, takes
notice for the first and second respondents.
4. The petitioner is directed to present the necessary Court decree
for registration on or before 26.11.2021 and if it is so presented in proper form,
https://www.mhc.tn.gov.in/judis/
a direction is given to register the said decree of Court.
W.P.(MD).No.19804 of 2021
5. With the above observations, this Writ Petition is disposed of.
There shall be no order as to costs. Consequently, W.M.P.(MD).No.16496 of
2021 stands closed.
09.11.2021
Index : Yes / No
Internet : Yes/ No
Nsr/Lm
Note : In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is
presented is the correct copy, shall be the responsibility of the
advocate/litigant concerned.
To
1.The District Registrar (Administration),
Cadre of Assistant Inspector General of Registration,
Combined Registration Campus,
St.Marks Street,
Palayamkottai,
Tirunelveli.
2.The Sub-Registrar,
O/o. the Sub-Registrar,
Pettai – 627 004.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.19804 of 2021
C.V.KARTHIKEYAN, J.
Nsr/Lm
W.P.(MD).No.19804 of 2021
and
W.M.P.(MD).No.16496 of 2021
https://www.mhc.tn.gov.in/judis/
09.11.2021
