Madras High Court
K.Ratnam vs The Sub Registrar on 25 October, 2021
W.P(MD)Nos.18985, 18986 and 18987 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.10.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P(MD).Nos.18985, 18986 and 18987 of 2021
K.Ratnam ... Petitioner in all cases
Vs.
The Sub Registrar
Melapalayam, Tirunelveli-627 005. ...Respondent in all cases
Prayer in W.P.(MD).No.18985 of 2021 : Writ Petition filed under Article 226
of the Constitution of India, praying this Court to issue a Writ of Mandamus, to
direct the respondent to receive the document being the order dated 11.12.2017
passed in O.S.No.126/2015 on the file of the first Additional District Court,
Tirunelveli reviewing the earlier Judgment and decree dated 11.02.2016 and to
register and release the said document submitted under temporary Registration
No.TP/105992213/2021.
Prayer in W.P.(MD).No.18986 of 2021 : Writ Petition filed under Article 226
of the Constitution of India, praying this Court to issue a Writ of Mandamus, to
direct the respondent to receive the document being the decree dated
11.06.2019 passed in O.S.No.126/2015 on the file of the first Additional
District Court striking off the plaint in O.S.No.126/2015 and to register and
release the said document submitted under temporary Registration
No.TP/105991022/2021.
Prayer in W.P.(MD).No.18987 of 2021 : Writ Petition filed under Article 226
of the Constitution of India, praying this Court to issue a Writ of Mandamus, to
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W.P(MD)Nos.18985, 18986 and 18987 of 2021
direct the respondent to receive the document being the order dated 20.09.2018
in C.R.P.(MD).No.2202/2017 on the file of this Court directing the suit in
O.S.No.126/2015 on the file of the first Additional District Court, Tirunelveli to
be struck off and to register and release the said document submitted under
temporary Registration No.TP/105981873/2021.
For Petitioner : Mr.G.Prabhu Rajadurai
(in all cases)
For Respondent : Mr.P.Subbaraj
(in all cases) Counsel for State
COMMON ORDER
The petitioner seeks a direction to the respondent to receive and register
three documents.
2.The petitioner claims title to the property bearing T.S.Nos.139 to 143
admeasuring 3.31 acres in the aggregate at Melapalayam Ward, Tirunelveli
Corporation limit by relying upon registered sale deeds in respect thereof. The
petitioner cites Patta Nos.1653, 2691 and 1271 in support of the claim in
respect of the above mentioned property. The petitioner points out that one
Mohanan filed a collusive partition suit in which a decree was issued on
11.02.2016. Several documents were executed and registered based on the
decree in such collusive partition suit. Therefore, the petitioner filed
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W.P(MD)Nos.18985, 18986 and 18987 of 2021
C.R.P.(MD).No.2202 of 2017 to strike off the plaint. In addition, pursuant to
proceedings before the First Additional District Judge, Tirunelveli, the decree
dated 11.02.2016 was reviewed and set aside by order dated 11.12.2017.
Likewise, by order dated 20.09.2018 the civil revision petition was allowed and
the plaint was ordered to be struck off.
3.In view of the fact that the documents executed pursuant to the above
mentioned decree continue to be reflected in the encumbrance certificate
pertaining to the property, the petitioner intends to register the aforementioned
three orders. The present writ petitions are filed for this purpose.
3.Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of
the Sub Registrar. He submits that the Sub Registrar may be directed to
consider and decide on the registration of the three documents within a
reasonable time frame.
4.As regards the orders dated 11.12.2017 and 11.06.2019 as also the
order dated 20.09.2018 in C.R.P.(MD).No.2202 of 2017, this Court in several
judgments has held that the time limit specified under Section 23 of the
Registration Act, 1908 would not apply to the registration of court orders.
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W.P(MD)Nos.18985, 18986 and 18987 of 2021
Therefore, the said aspect should be taken into consideration by the respondent
while deciding on the application for registration thereof.
5.Accordingly, W.P(MD).Nos.18985, 18986 and 18987 of 2021 are
disposed of by directing the respondent to consider the applications for
registration of the Court orders dated 11.12.2017, 11.06.2019 and 20.09.2018
and either register the said orders or issue a reasoned communication indicating
the reasons for refusal to do so. In any event, the said process shall be
completed within a period of two (2) months from the date of receipt of a copy
of this order. However, there will be no order as to costs.
25.10.2021
Index : Yes / No
Internet : Yes/ No
sn/sji
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.
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W.P(MD)Nos.18985, 18986 and 18987 of 2021
To
The Sub Registrar
Melapalayam, Tirunelveli-627 005.
https://www.mhc.tn.gov.in/judis/
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W.P(MD)Nos.18985, 18986 and 18987 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
sn/sji
W.P(MD).Nos.18985, 18986 and 18987 of 2021
25.10.2021
https://www.mhc.tn.gov.in/judis/
