Arul vs The District Registrar
2023 Latest Caselaw 8650 Mad

                                                                              W.P.No.5154 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 19.07.2023

                                                         CORAM

                            THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

                                                    W.P.No.5154 of 2023

                   Arul                                                        ... Petitioner

                                                              Vs.

                   1. The District Registrar,
                   Registration Department, Salem.

                   2. the Sub-Registrar,
                   Vazhapady, Salem District.                                  ... Respondents

                   Prayer:- Writ petition filed under Article 226 of the Constitution of India
                   praying for issuance of a writ of Certiorarified Mandamus, call for records
                   on the file of 2nd respondent in proceedings RFL/ Vazhapady/ 16/ 2023
                   dated 07.02.2023 and quash the same as illegal, incompetent and without
                   jurisdiction and further direct the 2nd respondent to register the judgment
                   dated 29.06.2022 in OS.316/2015, on the file of Subordinate Court, Attur,
                   Salem District.


                                  For Petitioner        : Mrs.R.Poornima

                                  For Respondents       :
                                  (R1 & R2)             :Mr.C.Jaya Prakash, Government Advocate


                                                        ORDER

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

W.P.No.5154 of 2023

The refusal check slip issued by the second respondent / Registering

Authority is under challenge in the present writ petition.

2.The petitioner states that he instituted a Civil Suit in O.S.No.316

of 2015, on the file of the Subordinate Court, Attur, Salem District, for

partition and consequential relief. The suit was decreed thereby declaring

1/5th share each in the suit properties therein. The petitioner presented a

decree for registration. The second respondent returned the decree on the

ground that the decree is to be presented for registration within a period of

four (4) months and therefore, the document cannot be registered.

3.As far as the decree passed by the Civil Court is concerned, such

limitation would not be applicable and therefore, it can be registered at any

point of time. Thus, the reason stated in the order impugned is not in

consonance with the spirit of the Registration Act since there is no

impediment for registering decree passed by the Civil Court of law.

4.In view of the facts and circumstances, the impugned refusal check

slip in proceedings RFL/ Vazhapady/ 16/ 2023 dated 07.02.2023 is

quashed. The second respondent is directed to proceed with the https://www.mhc.tn.gov.in/judis

W.P.No.5154 of 2023

registration, if the document is presented otherwise in accordance with the

procedures contemplated. The said exercise is directed to be contemplated

within a period of four (4) weeks from the date of receipt of a copy of this

order.

5. Accordingly, the writ petition stands allowed. No costs.

                   (sha)                                                               19.07.2023
                   Index : Yes
                   Speaking Order
                   Neutral Citation : Yes


                   To

                   1. The District Registrar,
                   Registration Department, Salem.

                   2. the Sub-Registrar,
                   Vazhapady, Salem District.

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

W.P.No.5154 of 2023

S.M.SUBRAMANIAM. J.,

(sha)

W.P.No.5154 of 2023

19.07.2023

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