Ramachandran vs The Sub Registrar
2024 Latest Caselaw 15527 Mad

Madras High Court

Ramachandran vs The Sub Registrar on 9 August, 2024

Author: N.Sathish Kumar

Bench: N.Sathish Kumar

                                                                                    W.P(MD).No.8850 of 2022


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 09.08.2024

                                                         CORAM:

                                  THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                               W.P(MD).No.8850 of 2022


                Ramachandran                                              ... Petitioner

                                                          Vs.,

                The Sub Registrar,
                Palliyadi Sub Registrar Office,
                Kanyakumari District.                                    ... 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 decree in O.S.No.49 of
                2019 passed by the Principal District Munsif Court, Kuzhithurai, dated 18.11.2021
                in respect of petitioner's property situated in Re.Sy.No.469/3 of Nattalam Village,
                Vilavancode Taluk to the extent of 2 acres 83 square meter equivalent to 7 cents by
                considering the petitioner's representation dated 16.04.2022.


                                        For Petitioner    : Mr.K.P.Narayanakumar
                                        For Respondent    : Mr.C.Satheesh
                                                            Government Advocate




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                                                                                          W.P(MD).No.8850 of 2022




                                                             ORDER

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

directing the respondent to register the decree in O.S.No.49 of 2019 passed by the

learned Principal District Munsif, Kuzhithurai, dated 18.11.2021, in respect of

petitioner's property situated in Re.Sy.No.469/3 of Nattalam Village, Vilavancode

Taluk to the extent of 2 acres 83 square meter equivalent to 7 cents by considering

the petitioner's representation dated 16.04.2022.

2. Heard both sides.

3. It is the case of the petitioner that when he presented the petition

mentioned decree for registration, the respondent refused to register the same.

Hence, he seeks direction.

4. This Court in catena of judgments has 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. One of such judgment in

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

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

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.

5. In such view of the matter, the respondent is directed to register the

petition mentioned decree within a period of seven days from the date of receipt of

a copy of this order.

6. Accordingly, the Writ Petition is allowed. No costs.

                                                                                                    09.08.2024
                NCC                 : Yes/No
                Index               : Yes/No
                Rmk


                To

                The Sub Registrar,
                Palliyadi Sub Registrar Office,
                Kanyakumari District.





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





                                  N.SATHISH KUMAR, J.

                                                           Rmk









                                                  09.08.2024





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