Madras High Court
M.Boomadevi vs The District Registrar on 26 April, 2022
W.P.(MD)No.8031 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.8031 of 2022
M.Boomadevi ... Petitioner
/Vs./
1.The District Registrar,
Office of Registration Department,
171, Palace Road, Madurai South,
Madurai.
2.The Sub Registrar,
Y.Othakadai,
Thiruvathavur Rd, Rama Krishna Nagar,
Rajakambeeram, Madurai. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Certiorari, to call for the records relating to
the impugned order of check slip issued under registration rule 27 in
Va.No.2/2022 dated 25.03.2022 issued by the 2nd respondent and quash
the same and to direct the 2nd respondent to register the copy of the
decree.
For Petitioner : Mr.V.R.G.Mohan
For Respondents : Mr.S.Shanmugavel,
Additional Government Pleader.
1/4
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.8031 of 2022
ORDER
This writ petition has been filed challenging the refusal check slip
dated 25.03.2022 issued by the second respondent refusing to register the
Court decree passed in O.S.No.358 of 2012 by the District Munsif, Melur
on the ground that the Court decree has been presented for registration
beyond the period of four months as per the provision of Section 23 of
the Registration Act, 1908.
2.The issue is now well settled in the law laid down by the
Division Bench of this Court in the case of A.K.Gnanasankar v. The
Joint II Sub Registrar, Cuddalore-2, passed in W.A.No.2395 of 2003,
dated 23.03.2007, wherein, it has been held that the Decree is a
permanent record of Court and hence, no limitation can be prescribed to
register the same. The said Division Bench Judgment has been followed
by various decisions of the learned Single Judges of this Court, including
myself by order, dated 18.02.2022, in W.P.(MD).No.3163 of 2022.
Therefore, Section 23 of the Registration Act, 1908 will not get attracted.
The circular issued by the Inspector General of Registration pertaining to
the Court decrees has no legal sanctity.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.8031 of 2022
3.Therefore, by total non application of mind to the settled law, the
impugned refusal check slip dated 25.03.2022 has been issued by the
second respondent refusing to register the Court decree only on the
ground that the same has been presented for registration beyond a period
of four months prescribed under Section 23 of the Registration Act, 1908.
4.Accordingly, the impugned refusal check slip dated 25.03.2022
issued by the second respondent is hereby quashed and the writ petition
is allowed. The second respondent is directed to register the Court
decree passed in O.S.No.358 of 2012 dated 27.08.2018, if it is otherwise
in order, within a period of two (2) weeks from the date of receipt of a
copy of this order. There shall be no order as to costs.
26.04.2022
Index : Yes / No
Internet : Yes / No
sm
ABDUL QUDDHOSE, J.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.8031 of 2022
sm
To
1.The District Registrar,
Office of Registration Department,
171, Palace Road, Madurai South,
Madurai.
2.The Sub Registrar,
Y.Othakadai,
Thiruvathavur Rd, Rama Krishna Nagar,
Rajakambeeram, Madurai.
order made in
W.P.(MD)No.8031 of 2022
Dated:
26.04.2022
https://www.mhc.tn.gov.in/judis
