Suresh @ Manikandan vs The Sub Registrar
2023 Latest Caselaw 11716 Mad

                                                                                      W.P.No.13377 of 2018

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 01.09.2023

                                                            CORAM

                                  THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                                      W.P.No.13377 of 2018


                     Suresh @ Manikandan                                          ... Petitioner

                                                              Vs.
                     The Sub Registrar,
                     Sub Registrar Office,
                     Anthiyur, Erode District.                                    ... Respondent

                     Prayer: Writ Petition filed under Article 226 of the Constitution of India for
                     issuance of a Writ of Certiorarified Mandamus, calling for the records
                     relating to the impugned order in the nature of check slip dated 19.04.2018
                     issued by the respondent, quash the same, and consequently direct the
                     respondent to register the decree and judgment dated 04.07.2017 made in
                     O.S.No.197 of 2015 passed by the learned Sub Judge, Bhavani relating to the
                     house property measuring 1318 sq.ft., bearing Door Nos. 8 and 9, comprised
                     in R.S.No.20/1 Pachampalayam Village, Anthiyur Taluk, Erode District.


                                     For Petitioner       : Mr.N.Manokaran

                                     For Respondent       : Mr.E.Sundaram
                                                            Government Advocate

                                                           ORDER

https://www.mhc.tn.gov.in/judis W.P.No.13377 of 2018

The refusal check slip dated 19.04.2018 issued by the respondent is

sought to be quashed in the present writ petition.

2. The petitioner presented a judgment and decree passed in

O.S.No.197 of 2015 dated 04.07.2017 for registration. The respondent return

the document along with the impugned check slip stating that the judgment

and decree was presented for registration belatedly.

3. Delay cannot be a ground for refusal in registration in respect of

judgment and decree passed by the Civil Court.

4. Hence, the decree issued on 04.07.2017 is registrable and thus, the

reason stated by the respondent for refusal of registration is improper.

Accordingly, the impugned refusal check slip passed by the respondent in

proceeding No. 1 of 2018 dated 19.04.2018 is quashed and the respondent is

directed to proceed with the registration if the document presented by the

petitioner is otherwise in accordance with the provisions of the Registration

Act.

https://www.mhc.tn.gov.in/judis W.P.No.13377 of 2018

5. The aforesaid exercise is directed to be completed within a period of

four(4) weeks from the date of receipt of a copy of this order.

Accordingly, this writ petition stands allowed. No costs.

01.09.2023

Index : Yes Speaking order Neutral Citation : Yes

mp

To

The Sub Registrar, Sub Registrar Office, Anthiyur, Erode District.

https://www.mhc.tn.gov.in/judis W.P.No.13377 of 2018

S.M.SUBRAMANIAM, J.

mp

W.P.No.13377 of 2018

01.09.2023

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