Madras High Court
K.C. Palanisamy vs The District Registrar on 21 October, 2021
1 W.P. No.22216 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.10.2021
CORAM:
THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
W.P. No.22216 of 2021
and
W.M.P. No.23434 of 2021
K.C. Palanisamy ... Petitioner
-Vs-
1. The District Registrar,
Tiruppur District,
Tiruppur.
2. The Sub Registrar
Avinashi, Tiruppur District. ... Respondents
PRAYER: This Petition is filed under Article 226 of the Constitution of
India, praying for the issue a Writ of Certiorarified Mandamus, to call for
the records relating to the impugned orders passed by the 1st respondent
dated 30.07.2021 made in Na.Ka.No.1972/AA1/2021 in confirming the
order of the 2nd respondent dated 16.03.2021 made in refusal check slip
reference No.RFL/Avinashi/2/2021 refusing to register the Court Decree
dated 11.12.2017 made in O.S. No.221 of 2017 before the Sub-ordinate
Court, Avinashi, Tiruppur District and to quash the same and
https://www.mhc.tn.gov.in/judis
2 W.P. No.22216 of 2021
consequently direct the 2nd respondent to register the said decree and to
return the documents on its registration forthwith and to pass appropriate
orders accordingly.
For Petitioner :: Mr.N.Anand
For Respondent :: Mr.Yogesh Kannadasan
(Government Advocate)
*****
ORDER
The Writ petition has been filed for issuance of Writ of
Certiorarified Mandamus to call for the records relating to the impugned
orders passed by the 1st respondent dated 30.07.2021 made in
Na.Ka.No.1972/AA1/2021 in confirming the order of the 2nd respondent
dated 16.03.2021 made in refusal check slip reference
No.RFL/Avinashi/2/2021 refusing to register the Court Decree dated
11.12.2017 made in O.S. No.221 of 2017 before the Sub-ordinate Court,
Avinashi, Tiruppur District and to quash the same and consequently
direct the 2nd respondent to register the said decree and to return the
documents on its registration forthwith and to pass appropriate orders
accordingly.
https://www.mhc.tn.gov.in/judis
2. Heard the learned counsel for the petitioner and the learned
Government Advocate for the respondent as well as perused the material
available on records.
3. Having considered the facts and circumstances of the case and
submissions of the learned counsel on either side, it is seen that the
Hon'ble Sub-Court, Avinashi passed Compromised Decree dated
06.03.2017 for partition in respect of the properties comprised in Survey
Nos.505/1, 505/2A, 505/2B, 452, 511/4, 506 and 456/1A1 situate at
Cheyur Village, Avinashi Taluk, Tiruppur District. While the petitioner
approached the 2nd respondent on 16.03.2021 to register the Decree
passed by the Sub-Court, Avinashi, having paid necessary charges, the
same was returned with the refusal Check Slip stating that the document
was presented beyond the period of limitation as provided under Section
23 of the Act in RFL/Avinashi/2/2021 dated 16.03.2021. Aggrieved, the
appeal was preferred by the petitioner herein before the 1st respondent,
the same was dismissed by confirming the order of the 2nd respondent by
an order dated 30.07.2021 in Na.Ka.No.1972/AA1/2021. Hence this
Writ Petition.
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4. In view of the observations in the Judgment dated 20.06.2019 in
W.P. (MD) No.13896 of 2019 passed by this Court as well as the Nation
wide lock down due to Covid 19, the 2nd respondent is directed to
register the certified copy of the compromised decree dated 06.03.2017
passed in O.S. No.221 of 2017 on the file of the Hon'ble Subordinate
Court, at Avinashi on payment of necessary stamp duty and necessary
registration charges and without insisting on the period of limitation
under Section 23 of the Registration Act, 1908, within a period of four
Weeks from the date of receipt of copy of this order.
5. In the result, the Writ petition is allowed setting aside both
impugned orders passed by the respondents 1 and 2 herein.
Consequently, connected miscellaneous petition is closed if any. There
shall be no order as to costs.
21.10.2021
Lbm
Speaking order/Non-speaking order
Index : Yes/No
Internet: Yes/No
https://www.mhc.tn.gov.in/judis
To:
1. The District Registrar,
Tiruppur District,
Tiruppur.
2. The Sub Registrar
Avinashi,
Tiruppur District.
https://www.mhc.tn.gov.in/judis
V.BHAVANI SUBBAROYAN.,J
Lbm
W.P. No.22216 of 2021
and
W.M.P. No.23434 of 2021
21.10.2021
https://www.mhc.tn.gov.in/judis
