Madras High Court
T.Sathyamurthi vs The Sub-Registrar on 14 September, 2022
W.P.(MD)No.20039 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.09.2022
CORAM
THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN
Writ Petition (MD) No.20039 of 2022
and
W.M.P.(MD)No.14578 of 2022
T.Sathyamurthi .. Petitioner
Versus
The Sub-Registrar,
Srirangam Sub-Registration Office,
Srirangam,
Trichy District. .. Respondent
Prayer :- Petition filed under Article 226 of the Constitution of India praying
for issuance of a Writ of Certiorarified Mandamus, to call for the records
relating to the impugned order of refusal check slip passed by the respondent
in his proceedings in RFL/SRIRANGAM/74/2022, dated 24.08.2022, quash
the same as illegal and consequently, direct the respondent to register the final
decree passed in O.S.No.67/1986 on the file of the Sub-Court, Lalgudi, dated
16.12.2019.
For Petitioner : Mr.R.Surya Prakash
For Respondent : Mr.K.S.Selvaganesan
Additional Government Pleader
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W.P.(MD)No.20039 of 2022
ORDER
The petitioner has filed this Writ Petition seeking to quash the order of
refusal check slip issued by the respondent vide his proceedings in
RFL/SRIRANGAM/74/2022, dated 24.08.2022, and consequently, direct the
respondent to register the final decree passed in O.S.No.67/1986, on the file of
the Sub-Court, Lalgudi, dated 16.12.2019.
2.The case of the petitioner is that originally a suit in O.S.No.67 of 1986
was filed by one Rajammal, W/o.Muthusami, before the I Additional Sub-
Court, Trichy, for partition and separate possession of the suit properties. The
learned I Additional Sub-Judge, Trichy, passed a preliminary decree in the
above said suit, vide judgment and decree, dated 24.10.1989, in favour of the
said Rajammal, by dividing the properties mentioned in 'B' and 'C' schedule
into two equal parts and 'A' part was allotted to the said Rajammal.
Subsequently, the said Rajammal filed a final decree application in I.A.No.234
of 1990 before the I Additional Sub-Court, Trichy, and the same was
transferred to the Sub-Court, Lalgudi, and renumbered as I.A.No.1 of 2019 in
O.S.No.67 of 1986, vide the order of the learned Principal District Judge,
Trichy. During the pendency of the final decree proceedings, the said
Rajammal passed away. As a legal heir of the said Rajammal, the petitioner
herein was impleaded as plaintiff in the said suit.
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W.P.(MD)No.20039 of 2022
3.In the meantime, the defendants 1 and 2 in O.S.No.67 of 1986,
preferred an appeal in A.S.No.1352 of 1989 before this Court as against the
preliminary decree passed in O.S.No.67 of 1986, on the file of the I Additional
Sub-Court, Trichy. This Court, vide judgment and decree, dated 07.04.2006,
dismissed the said appeal suit and confirmed the fair and decreetal order
passed by the learned I Additional Sub-Judge, Trichy. Thereafter, the learned
Sub-Judge, Lalgudi, passed final decree in the said suit, vide judgment and
decree, dated 16.12.2019, in I.A.No.1 of 2019 in O.S.No.67 of 1986, by
allotting the properties mentioned in the decree to the petitioner. Thereafter,
on 24.08.2022 the petitioner presented the final decree, dated 16.12.2019,
before the respondent for registering the same. The respondent refused to
register the same and issued the impugned refusal check slip stating that the
document summary entered incorrectly.
4.The learned Additional Government Pleader appearing for the
respondent submits that the final decree does not show the entry of S.No.
12/6G, measuring an extent of 0.28.0 Hectares and therefore, the respondent
refused to register the final decree passed in O.S.No.67/1986, on the file of the
Sub-Court, Lalgudi, dated 16.12.2019.
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W.P.(MD)No.20039 of 2022
5.Heard the learned counsel appearing for the petitioner and the learned
Additional Government Pleader appearing for the respondent and perused the
materials available on record.
6.On going through the documents filed by the petitioner in form of
additional typed set of papers, wherein at Paragraph No.6 of the Advocate
Commissioner's final report, dated 13.11.1991, it is seen that under the
heading namely, ''B'' Party, the said survey number [12/6G, 0.28.0 Hectare] has
been mentioned as 9th item. The Court below accepted the said report filed by
the Advocate Commissioner and had passed the judgment and decree. On
going through the said judgment and decree, dated 16.12.2019, passed by the
Sub-Court, Lalgudi, it is clear that in the decree at Serial No.7, it has been
mentioned that the joint compromise memo dated 21.08.2019, Advocate
Commissioner's report and sketch shall form part of the decree. As per the
same, the petitioner herein is entitled to have a share in the property in S.No.
12/6G, measuring an extent of 0.28.0 Hectare. Therefore, there is no
impediment for the respondent to register the same as per the Advocate
Commissioner's report and the joint compromise memo.
7.In view of the above, the impugned refusal check slip issued by the
respondent, dated 24.08.2022, is set aside and the respondent is directed to
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W.P.(MD)No.20039 of 2022
register the final decree passed in O.S.No.67/1986, on the file of the Sub-
Court, Lalgudi, dated 16.12.2019, in the light of the Advocate Commissioner's
report and the joint compromise memo, within a period of four weeks from the
date of receipt of copy of this order.
8.With the above direction, the Writ Petition stands disposed of. No
costs. Consequently, connected Miscellaneous Petition is closed.
14.09.2022
Index : Yes/No
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To
The Sub-Registrar,
Srirangam Sub-Registration Office,
Srirangam,
Trichy District.
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W.P.(MD)No.20039 of 2022
V.BHAVANI SUBBAROYAN, J.
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Order made in
W.P.(MD) No.20039 of 2022
14.09.2022
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