Madras High Court
Dhanapal vs The Sub Registrar on 24 September, 2021
W.P(MD)No.17246 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.09.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P(MD)No.17246 of 2021
Dhanapal ... Petitioner
Vs.
The Sub Registrar,
Karur West (Mela Karur)
Sub Registrar Office,
Karur Town, Karur District. ... Respondent
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the respondent to
register the certified copy of decree dated 17.07.2019 passed in the suit in
O.S.No.479 of 2018 on the file of the learned Principal Sub Judge, Karur.
For Petitioner : Mr.S.Deenadhayalan
For Respondent : Mr.P.Subbaraj
Counsel for State
ORDER
The petitioner seeks a direction for the registration of a certified copy of
the decree dated 17.07.2019 in O.S.No.479 of 2018.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.17246 of 2021
2.The petitioner states that O.S.No.479 of 2018 was filed before the
learned Principal Sub Judge, Karur, seeking the relief of partition. The said suit
was disposed of by a judgment and decree which recorded a compromise
between the parties. The petitioner approached the jurisdictional Sub Registrar
for the registration of the said decree. The petitioner alleges that the Sub
Registrar concerned returned the document by stating that the District Revenue
Officer, Karur, had initiated proceedings in Na.Ka.No.A1/4134/2019, dated
10.09.2019 in respect of the relevant survey number. Therefore, the petitioner
was orally informed that no document would be registered in respect of the
relevant survey number. The petitioner states that he applied for and obtained a
copy of the above mentioned proceedings dated 10.09.2019. The present writ
petition is filed seeking a direction for the registration of the certified copy of
the decree.
3.The Registration authorities are tasked with a statutory obligation to
receive documents for registration and either register the said documents or
indicate the reasons to refuse registration thereof. In the case at hand, the
allegation of the petitioner is that the respondent neither registered the
document nor issued a written communication indicating the reasons for refusal
to do so.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.17246 of 2021
4.Accordingly, without entering any findings on the merits of the dispute,
the petitioner is permitted to resubmit the certified copy of the decree dated
17.07.2019 in O.S.No.479 of 2018 for registration. The petitioner shall
resubmit the relevant document within a period of two (2) weeks from the date
of receipt of a copy of this order. Upon such re-submission, the respondent is
directed to consider the request for registration and either register the document
or issue a reasoned order indicating the reasons for refusal to do so. In any
case, the entire exercise shall be completed within a period of two (2) months
from the date of receipt of a copy of this order.
5.W.P.(MD)No.17246 of 2021 is disposed of on these terms without any
order as to costs.
24.09.2021
Index : Yes / No
Internet : Yes/ No
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.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.17246 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
sji
To
The Sub Registrar,
Karur West (Mela Karur)
Sub Registrar Office,
Karur Town, Karur District.
W.P(MD)No.17246 of 2021
24.09.2021
https://www.mhc.tn.gov.in/judis/
