S.Paulraj vs The Sub Registrar
2024 Latest Caselaw 15525 Mad

Madras High Court

S.Paulraj vs The Sub Registrar on 9 August, 2024

Author: N.Sathish Kumar

Bench: N.Sathish Kumar

                                                                                    W.P.(MD)No.19259 of 2024


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 09.08.2024

                                                          CORAM:

                                  THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                                W.P.(MD)No.19259 of 2024

                S.Paulraj
                                                                                           ... Petitioner

                                                            Vs

                The Sub Registrar,
                Sub Registrar Office,
                Melaneelithanallur,
                Sankarankovil Taluk,
                Tenkasi District.
                                                                                         ... Respondent

                PRAYER: Writ Petition is filed under Article 226 of the Constitution of India,
                praying for the issuance of a Writ of Mandamus directing the respondent to
                register the Judgment and Decree passed in O.S.No. 125 of 2018 on the file of the
                Sub Court, Sankarankovil dated 02.03.2019 presented by the writ petitioner.
                                        For Petitioner           : Mr. T.Selvan
                                        For Respondents          : Mr.M.Siddharthan
                                                                   Additional Government Pleader




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https://www.mhc.tn.gov.in/judis
                                                                                      W.P.(MD)No.19259 of 2024


                                                         ORDER

This Writ Petition has been filed seeking for a direction to the 3rd

respondent to grant permission to the petitioner's community to dissolve the

sprouted grains in the Kelaparthibanoor Oorani (Pond) on 14/08/24 based on the

representation, dated 13.06.2024.

2.Heard Mr.T.Selvan, the learned counsel appearing for the petitioner

and Mr.M.Siddharthan, learned Additional Government Pleader appearing for the

respondents. Perused the materials available on record.

3. By consent of both parties, this Writ Petition is taken up for final

disposal at the stage of admission itself.

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

Decree and Judgment pertaining to O.S.No.125 of 2018 on the file of dated

10.03.2023, the same has not been registered and no orders has been passed.

Hence, this petition has been filed.

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

5.This Court repeatedly held that once Decree and Judgment

produced before the Registration Authorities, it is the duty of the Sub

Registrar/District Registrar to register the same. The delay period mentioned

under Section 23 of Registration Act, 1908 is not applicable to the Decree and

Judgment of the Court.

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

register the Decree and Judgment pertaining to O.S.No.125 of 2018, on the file of

Principal Sub Judge, Sankarankovil, dated 02.03.2019 as and when presented.

7.With the above directions, this writ petition stands disposed of.

There shall be no order as to costs.

09.08.2024 NCC : Yes/No Index : Yes/No PNM

To The Sub Registrar, Sub Registrar Office, Melaneelithanallur, Sankarankovil Taluk, Tenkasi District.

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

N.SATHISH KUMAR, J.

PNM

ORDER IN

09.08.2024

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