Madras High Court
T.Thiyagarajan vs The District Registrar (Admin) on 1 October, 2021
W.P(MD)No.17721 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.10.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P(MD)No.17721 of 2021
T.Thiyagarajan ... Petitioner
Vs.
1.The District Registrar (Admin),
Ariyalur.
2.The Sub Registrar,
Thuraiyur Sub Registrar Office,
Thuraiyur,
Trichy District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, calling for the
records relating to the impugned order passed by the second respondent in
Na.Ka.En.313/2021 dated 31.08.2021 and quash the same and consequently
directing the second respondent to register the certified copies of the judgment
and decree dated 27.11.1986 in O.S.No.1 of 1984 on the file of the District
Munsif Court, Thuraiyur.
For Petitioner : Mr.C.Vakeeswaran
For Respondents : Mr.K.S.Selva Ganesan,
Counsel for State.
https://www.mhc.tn.gov.in/judis/
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W.P(MD)No.17721 of 2021
ORDER
The petitioner assails an order dated 31.08.2021 by which the
second respondent declined to register the judgments and decrees in O.S.No.1
of 1984 and A.S.No.41 of 1987.
2. The petitioner states that he filed O.S.No.1 of 1984 on the file of
the District Munsif Court, Thuraiyur challenging an unilateral cancellation of a
gift deed. The said suit was decreed in his favour on 27.11.1986. Aggrieved by
the same, his brother filed A.S.No.41 of 1987 on the file of the II Additional
District Court, Trichy. The Appeal Suit was dismissed on 06.11.1990.
According to the petitioner, the order of the first appellate Court was not
challenged.
3. Thereafter, on 14.07.2021, the petitioner requested the second
respondent to register the judgment and decree in the above mentioned
proceedings. By the impugned communication dated 31.08.2021, the second
respondent refused to register the relevant documents by stating that the copy
of the order should be received from the relevant court.
4. Mr.K.S.Selva Ganesan, learned counsel for the State, accepts
notice on behalf of both the respondents. He submits that the second
respondent may be directed to re-consider the matter subject to the production
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of certified copies of the relevant judgments and decrees.
W.P(MD)No.17721 of 2021
5. The Registration Act, 1908 and the Rules framed thereunder do
not mandate that copies of orders of court should be despatched by the court
concerned to the Sub Registrar concerned for purposes of registration.
Therefore, the impugned order, which cites the requirement of submission of
the relevant document from the court, cannot be sustained. Consequently, the
impugned order is quashed. However, it is necessary for the petitioner to
produce certified copies of the relevant judgments and decrees. In addition, it
may be necessary to put the other parties to O.S.No.1 of 1984 and A.S.No.41 of
1987 on notice so as to ascertain whether an appeal was filed and whether any
interim or final orders were passed therein.
6. Subject to the above observations, the matter is remitted for re-
consideration by the second respondent. The petitioner is permitted to submit
certified copies of the relevant judgments and decrees to the second respondent
within a period of two (2) weeks from the date of receipt of a copy of this order.
Upon receipt thereof, the second respondent is directed to re-examine the
matter after providing a reasonable opportunity to the petitioner and to the other
parties to O.S.No.1 of 1984 and A.S.No.41 of 1987. On such basis, the second
respondent herein is directed to either register the relevant documents or issue a
reasoned order setting out cogent reasons for refusal to do so. The entire
exercise shall be completed within a period of two (2) months from the date of
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receipt of the resubmitted documents. The second respondent may bear in mind
W.P(MD)No.17721 of 2021
that this Court has concluded in several judgments that the period of limitation
prescribed under Section 23 of the Registration Act, 1908, will not apply to the
registration of judgments and decrees of court.
7. Accordingly, W.P(MD).No.17721 of 2021 is disposed of on
these terms without any order as to costs.
01.10.2021
Index : Yes / No
Internet : Yes/ No
tsg/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 (Admin),
Ariyalur.
2.The Sub Registrar,
Thuraiyur Sub Registrar Office,
Thuraiyur,
Trichy District.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.17721 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
tsg/LM
W.P(MD)No.17721 of 2021
01.10.2021
https://www.mhc.tn.gov.in/judis/
