Madras High Court
M.Rukmani vs The Sub Registrar on 3 February, 2022
W.P.No.1481 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.02.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.1481 of 2022
M.Rukmani .... Petitioner
Vs
The Sub Registrar,
Perundurai Sub Registrar Office,
Erode District. .... Respondent
Prayer :- Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of certiorarified mandamus, to call for the
records pertaining to the Refusal Check Slip in refusal number
RFL/Perundurai/132/2021 dated 17.12.2021 and to quash the same as illegal
and incompetent and consequently direct the respondent to register the decree
dated 29.01.2020 passed in O.S.No.312 of 2015 on the file of the I Additional
Subordinate Court, Erode.
For Petitioner : Mr.M.Guruprasad
For Respondents : Mr.Yogesh Kannadasan
Special Government pleader
ORDER
This writ petition has been filed for issuance of Writ of certiorarified
mandamus, to call for the records pertaining to the Refusal Check Slip in
refusal number RFL/Perundurai/132/2021 dated 17.12.2021 ; quash the same
https://www.mhc.tn.gov.in/judis
W.P.No.1481 of 2022
as illegal and incompetent and consequently direct the respondent to register
the decree dated 29.01.2020 passed in O.S.No.312 of 2015 on the file of the
I Additional Subordinate Court, Erode.
2. Heard, Mr.M.Guruprasad, learned counsel appearing for the
petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader
appearing for the respondents.
3. The case of the petitioner is that the petitioner filed a suit in
O.S.No.177 of 2008 on the file of the District Munsif-cum-Judicial Magistrate,
Perundurai and later it was transferred to the I Additional Subordinate Court,
Erode and renumbered as O.S.No.312 of 2015. The suit property, comprised
in R.S.No. 253/17, 19/4 & 19/11 situated at Kambiliampatti Village, was
jointly purchased by the petitioner along with one Kettimuthu. The said suit
was filed for declaration and injunction. It was decreed by a Judgment and
Decree dated 29.01.2020 in favour of the petitioner herein. After obtaining a
certified copy of the Judgment and Decree dated 29.01.2020, the same was
presented for registration on 17.12.2020. However, it was refused to register
the same by the respondent for the reason that it was presented beyond the
period of limitation as prescribed under Section 23 of the Registration Act.
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W.P.No.1481 of 2022
4. It is settled in law that Section 23 of the Registration Act provides
for a limitation, the same is only directory in nature and it is not mandatory and
it cannot be put against the petitioner, who wants to register the Court decree.
Therefore, the provision under Section 23 of the Registration Act does not
apply for the Civil Court decree.
5. In view of the above, the impugned check slip in refusal number
RFL/Perundurai/132/2021 dated 17.12.2021 is hereby set aside. The
petitioner is directed to re-present the Judgement and Decree dated 29.01.2020
for registration before the respondent and on receipt of the same, the
respondent is directed to register and release the same forthwith.
6. In the result, this writ petition stands allowed. No costs.
03.02.2022
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
Lpp
To
The Sub Registrar,
Perundurai Sub Registrar Office,
Erode District.
https://www.mhc.tn.gov.in/judis
W.P.No.1481 of 2022
G.K.ILANTHIRAIYAN, J.
Lpp
W.P.No.1481 of 2022
03.02.2022
https://www.mhc.tn.gov.in/judis
