Madras High Court
A.P.Kumanan vs The Registrar General on 4 October, 2023
W.P.No.24055 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.10.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.24055 of 2023
A.P.Kumanan .. Petitioner
Vs.
1. The Registrar General
High Court of Judicature at Madras
High Court, Chennai 600 104.
2. The Principal District Judge
District Court
Tiruppur.
3. The Subordinate Judge
Sub Court
Tiruppur. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India
seeking a writ of Mandamus directing the respondents to consider the
representation dated 16.03.2023 made by the petitioner to the
respondents in accordance with law within a time frame as may be
fixed by this Hon'ble Court.
__________
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.P.No.24055 of 2023
For the Petitioner : Mr.W.M.Abdul Majeed
For the Respondents : Mr.M.Santhanaraman
ORDER
(Made by the Hon'ble Chief Justice)
We have heard Mr.W.M.Abdul Majeed, learned counsel for the
petitioner and Mr.M.Santhanaraman, learned counsel for the
respondents.
2. The writ petition is filed seeking a direction against the
respondents to consider the representation dated 16.03.2023.
3. Learned counsel for the petitioner submits that the petitioner
had filed a civil suit bearing O.S.No.307 of 2008 for specific
performance of the agreement dated 05.11.2007. The suit was
decreed under judgment and order dated 13.06.2012. Learned counsel
submits that copy of judgment and decree is not available. The
petitioner had given an application. The petitioner applied for the copy
of the decree and judgment, but to no avail. A request was made to
__________
https://www.mhc.tn.gov.in/judis
W.P.No.24055 of 2023
furnish copy of the judgment and decree and the same is also not
complied with. The computer record of the Court reveals that the
record is not found.
4. On the last date, we had asked learned counsel for the
respondents to verify the facts. Learned counsel for the respondents
submits that, the Court decreed the suit. The Court passed the
following order:
“Counsel for defendant report no instruction.
Deft. called absent, set exparte, PW1 already
examined.
ExA1 to ExA5 already marked. Suit is decreed
with cost as prayed for.
Time for execution two months.”
5. Learned counsel for the respondents submits that there is no
separate judgment. The aforesaid order is the only judgment. The
learned Judge who had passed the aforesaid judgment did not prepare
the decree. Learned counsel submits that now the decree has been
__________
https://www.mhc.tn.gov.in/judis
W.P.No.24055 of 2023
prepared by the present Judge. Learned counsel further submits that if
the petitioner makes an application for certified copy of the judgment
and decree, the same would be given to him.
6. In view of the aforesaid, the petitioner may file an application
for the certified copy of the judgment and decree. The concerned
Court may process the application for the certified copy of the
judgment and decree and may issue the same in accordance with law.
7. The writ petition is disposed of. There will be no order as to
costs.
(S.V.G., CJ.) (D.B.C., J.)
04.10.2023
Index : Yes/No
Neutral Citation : Yes/No
kpl
__________
https://www.mhc.tn.gov.in/judis
W.P.No.24055 of 2023
To
1. The Registrar General
High Court of Judicature at Madras
High Court, Chennai 600 104.
2. The Principal District Judge
District Court
Tiruppur.
3. The Subordinate Judge
Sub Court
Tiruppur.
__________
https://www.mhc.tn.gov.in/judis
W.P.No.24055 of 2023
THE HON'BLE CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY, J
(kpl)
W.P.No.24055 of 2023
04.10.2023
__________
https://www.mhc.tn.gov.in/judis
