A.Nataraj vs The Sub-Registrar
2023 Latest Caselaw 2967 Mad

                                                                              W.P.No.6899 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 21.03.2023

                                                        CORAM:

                                  THE HONOURABLE MR. JUSTICE M.S. RAMESH

                                                   W.P.No.6899 of 2023


                     A.Nataraj                                               ...Petitioner

                                                           Vs

                     The Sub-Registrar,
                     Joint No.II Sub Registrar Office,
                     Erode District.                                         ...Respondent


                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India to issue a Writ of Certiorarified Mandamus, to call for the records
                     relating to the impugned order passed by the respondent dated
                     06.02.2023 made in refusal check slip reference No.Ref.No.RFL/Joint
                     No.1, Sub Registrar, Erode/12/2023 refusing to register the order in
                     O.S.NO.540 of 2020 dated 18.12.2020 passed by the learned I Additional
                     Subordinate Judge, Erode and to quash the same and consequently direct
                     the respondent to register the said order and to return the documents on
                     its registration forthwith.



                                     For Petitioner     : Mr.M.Vignesh

                     1/4
https://www.mhc.tn.gov.in/judis
                                                                                     W.P.No.6899 of 2023

                                                            for Mr.C.S.Saravanan

                                        For Respondent     : Mr.Yogesh Kannadasan,
                                                             Special Government Pleader


                                                           ORDER

With the consent of both parties, the Writ Petition is taken up for

final disposal at the admission stage itself.

2. When the petitioner herein sought for registration of a decree

passed in O.S.No.540 of 2020, dated 18.12.2020, on the file of the

learned I Additional Subordinate Judge, Erode, the registration was

refused through the impugned check slip, by placing reliance on Section

25 of the Registration Act [hereinafter referred to as 'the Act'], by stating

that such a document ought to have been presented before four months

from the decree.

3. The issue as to whether the limitation provided under Section 25

of the Act can be applied to a Civil Court decree has come up for

consideration in a batch of writ petitions in the case of Sathiyamoorthy

Vs. The Sub Registrar, Sub Registrar Office, Pochampalli, Krishnagiri

https://www.mhc.tn.gov.in/judis W.P.No.6899 of 2023

District passed in W.P.No.33616 of 2020, etc., whereby it was held that

the limitation under Section 25 of the Act will not be applicable to Court

decrees/judgments/orders, presented for registration.

4. In view of the law laid down by this Court in Sathiyamoorthy's

case (supra), the reason assigned by the respondent for refusing the

registration cannot be sustained.

5. In the light of the above findings, the impugned order dated

06.02.2023 is quashed. Consequently, there shall be a direction to the

respondent herein to accept the decree in O.S.No.540 of 2020 on the file

of the learned I Additional Subordinate Judge, Erode and register and

return the same forthwith, if it is otherwise in order, within a period of

two weeks from the date of receipt of a copy of this order. Accordingly,

the writ petition stands allowed. No costs.

21.03.2023 Index:Yes/No Speaking order/Non-speaking order hvk

https://www.mhc.tn.gov.in/judis W.P.No.6899 of 2023

M.S.RAMESH,J.

hvk To

The Sub-Registrar, Joint No.II Sub Registrar Office, Erode District.

W.P.No.6899 of 2023

21.03.2023

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