P.Ganesn vs The District Registrar
2023 Latest Caselaw 1854 Mad

                                                                              W.P.(MD)No.4478 of 2023

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 03.03.2023

                                                           CORAM

                              THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN

                                               W.P(MD).No.4478 of 2023

                     P.Ganesn                                                ... Petitioner

                                                            Vs

                     1.The District Registrar,
                       Office of the District Registrar,
                       Periyakulam, Theni.

                     2.The Sub Registrar,
                       Office of Sub Registrar, Theni,
                       Theni District.                                 ... Respondents


                     Prayer:- Writ Petition is filed under Article 226 of Constitution of India to
                     issue a Writ of Mandamus, directing the respondents herein to register the
                     certified copy of the decree dated 07.12.2004 made in OS No.106 of 2004
                     on the file of District Munsif Court, Periyakulam, and as per the order dated
                     09.12.2022 made in WP (MD) No.33186 of 2022 on the file of Honble
                     Principal Seat of this Honble Court, within a reasonable time as may be
                     fixed by this Court.



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https://www.mhc.tn.gov.in/judis
                                                                                      W.P.(MD)No.4478 of 2023

                                              For Petitioner      : Mr.K.Appadurai
                                              For Respondents : Mr.S.Shanmugavel
                                                                   Additional Government Pleader



                                                               ORDER

Heard the learned counsel on either side.

2. The petitioner wants this Court to direct the second respondent to

register the petition mentioned decree. It is well settled that there is no

limitation for registering Court judgments and decrees. However, the

learned Government Advocate expressed certain apprehensions. He relied

on the order dated 27.07.2016 made in W.P.(MD)No.5955 of 2014. This

Court had held that only judicial orders that have attained finality can be

registered.

3. It is therefore open to the second respondent to satisfy himself that

the ex-party decree has not been set aside. It is the duty of the petitioner to

satisfy the second respondent that the ex-parte decree which he seeks to be

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https://www.mhc.tn.gov.in/judis W.P.(MD)No.4478 of 2023

registered has become final. The second respondent cannot refuse

registration on the sole ground that it is an ex-parte decree.

4. With this clarification, this writ petition is disposed of.

03.03.2023 NCC : Yes/No Index:Yes/No Internet:Yes

pnn

To

1.The District Registrar, Office of the District Registrar, Periyakulam, Theni.

2.The Sub Registrar, Office of Sub Registrar, Theni, Theni District.

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https://www.mhc.tn.gov.in/judis W.P.(MD)No.4478 of 2023

G.R.SWAMINATHAN, J.

pnn

W.P.(MD)No.4478 of 2023

03.03.2023

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