N.Thangavel vs The Sub Registrar Office
2022 Latest Caselaw 11236 Mad

                                                                             W.P(MD)No.8982 of 2022


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 27.06.2022

                                                        CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                               W.P(MD)No.8982 of 2022

                N.Thangavel                                             ... Petitioner

                                                           Vs.

                The Sub Registrar Office,
                Kannivadi Sub Registrar Office,
                Kannivadi,
                Dindigul District.                                      ... Respondent


                Prayer : 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
                include the judgment and decree passed by the District Munsif Court, Dindigul
                in O.S.No.41 of 2014 dated 25.04.2014 in the encumbrance certificate of the
                petitioner's land in Old S.No.400/3, New S.F.No.400/3 situated at
                Kamatchipuram Village, Dindigul West Taluk, Dindigul District based on the
                petitioner's representation dated 18.04.2022.


                                  For Petitioner     : Mr.N.Marivel

                                  For Respondent : Mr.K.S.Selvaganesan,
                                                      Addl. Government Pleader




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                                                                                  W.P(MD)No.8982 of 2022


                                                        ORDER

Heard the learned counsel on either side.

2.The petitioner wants to register the petition mentioned judgment and

decree so that it is reflected in the encumbrance register. Since the decree was

presented beyond time limit prescribed under Section 23 of the Registration

Act, the respondent refused to register the same. Questioning the stand of the

respondent, the writ petition came to be filed.

3.The issue raised in the writ petition is covered by the judgment reported

in (2019) 3 MLJ 517 (S.Sarvothaman Vs. Sub Registrar, Oulgaret). The

Hon'ble Division Bench held as follows:-

“A Court decree is not compulsorily registerable and that the option lies with the party. In such circumstances, the law laid down by this Court clearly states that the limitation prescribed under the Act would not stand attracted. Presentation of the decree from the date of obtaining certified copy is well within the period of limitation presentation under Section 23 of the Act even assuming that the said provision would apply to the case on hand. Time limit stipulate under Section 23 of the Act will have no application to a court decree.

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W.P(MD)No.8982 of 2022

For the above reasons, this Court of the considered view that the reasons assigned by the respondent for refusing to register the decree is unsustainable in law”

4.In this view of the matter, the respondent is directed to register the

petition mentioned decree subject to fulfilment of usual formalities. The writ

petition is allowed. No costs.

                                                                        27.06.2022

                Index             : Yes / No
                Internet          : Yes/ No
                ias

                To:

                The Sub Registrar Office,
                Kannivadi Sub Registrar Office,
                Kannivadi,
                Dindigul District.

https://www.mhc.tn.gov.in/judis

W.P(MD)No.8982 of 2022

G.R.SWAMINATHAN, J.

ias

W.P(MD)No.8982 of 2022

27.06.2022

https://www.mhc.tn.gov.in/judis