Easwaran vs The District Collector
2023 Latest Caselaw 7169 Mad

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 27.06.2023

                                                    CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                              W.P.No.18739 of 2023

                Easwaran                                                              ...Petitioner

                                                    Vs

                1.The District Collector,
                  Namakkal,
                  Ernapuram & Post,
                  Namakkal District.

                2.The Sub Registrar,
                  Sendamangalam,
                  Sendamangalam Taluk,
                  Namakkal District.

                3.Muthulakshmi

                4.Nachimuthu Gounderr                                              ... Respondents

                PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to

                issue a Writ of Certiorarified Mandamus calling for records on the file of the 2nd

                respondent in Refusal Check Slip No.RFL/1/Sub Registrar/Namakkal/30/2022

                dated 21.04.2022 and quash the same and consequently           directing the 2nd


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https://www.mhc.tn.gov.in/judis
                respondent herein to register the court Decrees in common order passed by this

                Court in A.S. 1038/ 2012, A.S. 124/2013, 226/2014 and S.A. 717/ 2016 dated

                01/09/2021, within a limited time frame, without insisting on the limitation period

                of 4 months provided under Sec. 23 of the Registration Act, 1908.



                                  For Petitioner   : Mr.I.Kabilan

                                  For Respondents : Mr.S.Ravichandran
                                                    Additional Government Pleader
                                                         *****

                                                       ORDER

This writ petition has been filed challenging the refusal cheque slip issued

by the 2nd respondent, refusing to register the decree that was submitted by the

petitioner on the ground that the same is barred by limitation provided under

Section 23 of the Registration Act, 1908.

2.Heard Mr.I.Kabilan, learned counsel appearing on behalf of the petitioner

and Mr.S.Ravichandran, learned Additional Government Pleader appearing on

behalf of the 1st and 2nd respondents.

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

3.The learned counsel for the petitioner submitted that 2nd respondent

initially refused to register the document on the ground that the property has not

been properly described in the decree. This issue has been sorted out by the

petitioner and the property description has been given to the 2nd respondent.

Thereafter, the 2nd respondent once again refused to register the decree on the

ground that it is barred by limitation as provided under Section 23 of the

Registration Act, 1908. Aggrieved by the same, the present writ petition has been

filed before this Court.

4.The issue involved in this present writ petition is squarely covered by the

earlier judgments of this Court in S. Sarvothaman Versus The Sub-Registrar,

Pondicherry reported in 2019 2 CWC 314 and M.Rajendran vs. The Inspector

General of Registration, No.100, Santhome High Road, Foreshore Estate,

Pattinapakkam, Chennai – 600 028 & Others reported in 2021 3 LW 602. This

Court has categorically held that registration of a decree is optional and therefore,

limitation will not apply. The same shall be kept in mind by the 2nd respondent and

if there is no other discrepancy in the decree, the same shall be registered by the 2 nd

respondent.

https://www.mhc.tn.gov.in/judis N.ANAND VENKATESH, J

ssr

5.In the result, the refusal cheque slip dated 21.04.2022 is set aside and

accordingly, this writ petition is disposed of. No Costs.

27.06.2023

Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No ssr

To

1.The District Collector, Namakkal, Ernapuram & Post, Namakkal District.

2.The Sub Registrar, Sendamangalam, Sendamangalam Taluk, Namakkal District.

W.P.No.18739 of 2023

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