Madras High Court
R.Kumaran vs The Sub-Registrar on 3 February, 2022
W.P.No.1710 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.1710 of 2022
R.Kumaran ... Petitioner
-Vs-
The Sub-Registrar,
Negamam Sub Registrar Office,
Pollachi Taluk,
Coimbatore 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/Negamam/1/2022 dated 11.01.2022 and to quash the same as illegal and
incompetent and consequently direct the respondent to register the decree dated
14.07.2015 passed in O.S.No.31 of 2014 on the file of the Principal
Subordinate Judge, Erode.
For Petitioner : Mr.M.Guruprasad
For Respondent : Mr.Yogesh Kannadasan
Special Government Pleader
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Page 1 of 5
W.P.No.1710 of 2022
ORDER
This Writ Petition has been filed for the issuance of Writ of
Certiorarified Mandamus, to call for the records pertaining to the Refusal Check
Slip in refusal number RFL/Negamam/1/2022 dated 11.01.2022 and to quash
the same as illegal and incompetent and consequently direct the respondent to
register the decree dated 14.07.2015 passed in O.S.No.31 of 2014 on the file of
the Principal Subordinate Judge, Erode.
2. Heard Mr.M.Guruprasad, learned counsel appearing for the
petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader
appearing for the respondent.
3. The petitioner filed a suit for recovery of money in O.S.No.31 of
2014 on the file of the Principal Subordinate Judge, Erode. The said suit was
decreed in favour of the petitioner by the Judgment and Decree, dated
14.07.2015. He made a copy application and obtained a certified copy of the
Judgment and Decree for registration before the respondent. The Judgment and
Decree were presented for registration on 11.01.2022. However, it was refused
to register the same by the impugned Check Slip for the reason that it was
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W.P.No.1710 of 2022
presented belatedly, i.e after a period of limitation as contemplated under
Section 23 of the Registration Act, 1908.
4. It is a well settled law that the proviso under Section 23 of the
Registration Act is only directory in nature and not mandatory in respect of the
decree passed by the Court. The decree passed by the Civil Court is not
compulsorily registrable document. Under Section 17(1) of the Registration Act
deals with the compulsory registration of documents. Section 17(2) of the
Registration Act is an exception to Section 17(1) of the Registration Act.
Section 18 of the Registration Act, refers to documents for which registration is
optional. Therefore, the decree or an order passed by the Civil Court will not
fall under Section 17(1) of the Registration Act.
5. Therefore, a party cannot be compelled to get the document
registered when there is no obligation cast upon the party to register the same.
Thus, the limitation prescribed for presentation of document under Sections 23
and 25 of the Registration Act, is not applicable to Judgment and Decree
presented for registration.
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W.P.No.1710 of 2022
6. In view of the above, the impugned check slip, dated 11.01.2022
cannot be sustained as against the petitioner and it is liable to be set aside.
Accordingly, the impugned check slip, dated 11.01.2022, in
RFL/Negamam/1/2022 by the respondent is hereby quashed.
7. The petitioner is directed to re-present the Judgment and Decree
passed in O.S.No.31 of 2014, dated 14.07.2015 on the file of the Principal
Subordinate Judge, Erode and on receipt of the same, the respondent is directed
to register and release the same forthwith.
8. In the result, this writ petition stands allowed. There shall be no
order as to costs.
03.02.2022
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
mn
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W.P.No.1710 of 2022
G.K.ILANTHIRAIYAN, J.
mn
To
The Sub-Registrar,
Negamam Sub Registrar office,
Pollachi Taluk,
Coimbatore District.
W.P.No.1710 of 2022
03.02.2022
https://www.mhc.tn.gov.in/judis
