P.Naresh Ambedkar vs The Sub Registrar
2024 Latest Caselaw 15135 Mad

Madras High Court

P.Naresh Ambedkar vs The Sub Registrar on 5 August, 2024

Author: N.Sathish Kumar

Bench: N.Sathish Kumar

                                                                                      W.P(MD).No.18681 of 2024


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED : 05.08.2024

                                                           CORAM:

                                  THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                                  W.P(MD).No.18681 of 2024


                P.Naresh Ambedkar                                            ... Petitioner

                                                            Vs.,

                The Sub Registrar,
                Joint I Sub Registrar Office,
                Palayamkottai, Tirunelveli.                                 ... Respondent

                PRAYER: Petition filed under Article 226 of the Constitution of India to issue a
                Writ of Mandamus to direct the respondent to register the judgment and decree
                passed in A.S.No.45 of 2019 on the file of the I Additional District Court,
                Tirunelveli, dated 25.03.2021 presented by the writ petitioner.


                                          For Petitioner     : Mr.T.Selvan
                                          For Respondent   : Mr.C.Satheesh
                                                               Government Advocate


                                                           ORDER

The writ petition has been filed for issuance of Writ of Mandamus to

direct the respondent to register the judgment and decree passed in A.S.No.45 of

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

2019 on the file of the I Additional District Court, Tirunelveli, dated 25.03.2021

presented by the writ petitioner.

2. Heard Mr.T.Selvan, learned counsel appearing on behalf of the

petitioner and Mr.C.Satheesh, learned Government Advocate, who takes notice on

behalf of the respondent.

3. By consent of both parties, the writ petition is taken up for final

disposal at the admission stage itself.

4. It is the grievance of the petitioner that when he presented the

judgment and decree passed in A.S.No.45 of 2019 for registration, the same was

not registered, citing the period of limitation.

5. Mr.C.Satheesh, learned Government Advocate, on instructions, would

submit that such document has not been presented and if he presented, the same

will be registered as per law.

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6. This Court has repeatedly held that any sale certificate or a decree of

the Court is presented for registration, the delay contemplated under Section 23 of

the Registration Act, 1908 will not apply. It is relevant to point out this Court in

the case of M.Rajendran vs. The Inspector General of Registration and others by

common order dated 25.06.2021 made in W.P.(MD).Nos.8091, 8093 & 9446 of

2020 had elaborately discussed and held that the delay as contemplated under

Section 23 of the Registration Act is not a bar for registering the sale certificate or

a decree of the Court.

7. In such view of the matter, the petitioner is directed to present the

petition mentioned document to the respondent/Sub-Registrar. On receipt of such

presentation, the respondent/Sub-Registrar shall register the same, without

insisting the period of limitation.

8. With the above direction, the Writ Petition is allowed. No costs.

                                                                                                   05.08.2024
                NCC                 : Yes/No
                Index               : Yes/No
                Rmk


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



                                                 N.SATHISH KUMAR, J.

                                                                          Rmk

                To

                The Sub Registrar,
                Joint I Sub Registrar Office,
                Palayamkottai, Tirunelveli.









                                                                 05.08.2024




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