C.Ramasamy vs The Joint Sub Registrar
2023 Latest Caselaw 14251 Mad

                                                                              W.P. (MD).No.17101 of 2021


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED: 08.11.2023

                                                         CORAM

                                  THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

                                               W.P. (MD).No.17101 of 2021

                     C.Ramasamy
                                                                                        ... Petitioner

                                                             Vs

                     The Joint Sub Registrar,
                     O/o. the Joint No.1 Sub Registrar,
                     Thanjavur, Thanjavur District.
                                                                                     ... Respondent

                     Prayer: Writ Petition is filed under Article 226 of the Constitution of
                     India praying for issuance of a Writ of Mandamus,                 directing the
                     respondent Joint-1 Sub Registrar, Thanjavur to register the Civil Court
                     Decree and Judgment passed in favour of the petitioner in O.S.No.135 of
                     2012 on the file of the District Munsif Court, Thanjavur as document and
                     to consider the petitioner’s representation, dated 10.08.2021.
                                    For Petitioner      : Mr. K. Abiya

                                    For Respondent      : Mr.A.K.Manikkam
                                                          Special Government Pleader




                     1/4

https://www.mhc.tn.gov.in/judis
                                                                               W.P. (MD).No.17101 of 2021


                                                       ORDER

This Writ Petition has been filed for the issue of a writ of

mandamus, directing the respondent to register the civil Court decree

passed in O.S.No.135 of 2012 by the District Munsif, Thanjavur.

2.Heard, the learned counsel appearing for the petitioner and

the learned Special Government Pleader appearing for the respondent.

3.The petitioner wanted to register the civil Court decree

passed in O.S.No.135 of 2012 by the District Munsif, Thanjavur and that

it was presented for registration, the respondent did not register the same.

It is under these circumstances, the present writ petition has been filed

before this Court.

4.It is now too well settled that the decree of a civil Court has

to be registered once the certified copies of the Judgment and Decree is

presented before the Sub Registrar. Even Section 23 of the Registration

Act, 1908, will not apply and the Sub Registrar cannot refuse to register

on the ground that it is barred by limitation.

https://www.mhc.tn.gov.in/judis W.P. (MD).No.17101 of 2021

5.In view of the above, there shall be a direction to the

respondent to entertain the certified copies of the Judgment and Decree

passed in O.S.No.135 of 2012 by the District Munsif, Thanjavur and

register the same, subject to the petitioner fulfilling other formalities.

6.This writ petition stands disposed of with the above

directions. No costs.

                                                                                         08.11.2023
                     NCC      : Yes/No
                     Internet : Yes/No
                     Index    : Yes/No
                     PNM

                     To

                     The Joint Sub Registrar,

O/o. the Joint No.1 Sub Registrar, Thanjavur, Thanjavur District.

https://www.mhc.tn.gov.in/judis W.P. (MD).No.17101 of 2021

N.ANAND VENKATESH, J.

PNM

ORDER IN W.P. (MD).No.17101 of 2021

08.11.2023

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