Madras High Court
A.Pushpa Rani vs The Sub Registrar (Joint I) on 21 March, 2023
W.P.(MD)No.15415 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.03.2023
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.(MD)No.15415 of 2022
and
W.M.P.(MD)No.11057 of 2022
A.Pushpa Rani ... Petitioner
vs.
The Sub Registrar (Joint I)
District Registrar Office,
Contonment, Trichy. ... Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, to call for the records relating to
the impugned Refusal Check Slip passed by the respondent in RFL/1
Number Joint Sub-Registrar, Trichy/330/2021, dated 08.12.2021 and to
quash the same and consequently, to direct the respondent to register the
certified copy of the final decree in I.A.No.22 of 2022 in O.S.No.
1185/1999 on the file of the I Additional District Munsif Court, Trichy,
dated 03.10.2022 filed by the petitioner.
For Petitioner :Mr.C.Vakeeswaran
For Respondent :Mr.M.Prakash
Additional Government Pleader
1/5
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.15415 of 2022
ORDER
This Writ Petition has been filed in the nature of Certiorarified
Mandamus seeking interference with the order passed by the respondent
in RFL/1 Number Joint Sub-Registrar, Trichy/330/2021, dated
08.12.2021 and consequently, to direct the respondent to register the
certified copy of the final decree in I.A.No.22 of 2022 in O.S.No.
1185/1999 on the file of the I Additional District Munsif Court, Trichy,
dated 03.10.2022 filed by the petitioner.
2.Heard Mr.C.Vakeeswaran, learned Counsel for the petitioner and
Mr.M.Prakash, learned Additional Government Pleader for the
respondent.
3.The issue is no more res integra. Though Section 23 of the
Registration Act, 1908, stipulates a limitation of four moths for
presenting a Court decree for registration, in a catena of judgments, this
Court had struck out that particular provision and it had been stated that
the Court decree can be presented even after the period of limitation.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.15415 of 2022
4.The Government had issued a circular in Na.Ka.No.
34930/C1/2019, dated 27.02.2023, wherein, instructions have been
issued to the officers of the Sub Registrar to register Court decree, even
if it is presented after the period of limitation.
5.The said circular directly applies to this case and a direction is
issued to the respondent to register the decree presented by the petitioner
for registration. The petitioner is directed to present the decree after
following due procedure through online for registration and the petitioner
may also give necessary reasons for the delay in presenting the decree for
registration. If it is done so, the respondent may register the same within
a period of fifteen working days thereafter.
6.The Writ Petition stands disposed of. No costs. Consequently,
connected miscellaneous petition is closed.
Index :Yes / No 21.03.2023
Internet :Yes
NCC : Yes/No
cmr
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.15415 of 2022
To
The Sub Registrar (Joint I)
District Registrar Office,
Contonment, Trichy.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.15415 of 2022
C.V.KARTHIKEYAN, J.
cmr
Order made in
W.P.(MD)No.15415 of 2022
21.03.2023
https://www.mhc.tn.gov.in/judis
