Madras High Court
P.S.Chandrasekara Raja vs The Sub Registrar on 8 May, 2024
Author: P.Velmurugan
Bench: P.Velmurugan
W.P.(MD)No.11144 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.05.2024
CORAM:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.P.(MD).No.11144 of 2024
and
W.M.P.(MD)Nos.9920 and 9921 of 2024
P.S.Chandrasekara Raja ... Petitioner
-Vs-
1.The Sub Registrar,
Nanguneri, Tirunelveli District.
2.Sankaranarayanan
3.Sivakumar
4.Deivanayagi
5.Nageshwari
6.Chellammal
7.Muthukrishnan @ Muthuraja ... Respondents
Prayer: Writ Petition is filed under Article 226 of Constitution of India praying
for the issuance of a Writ of Certiorarified Mandamus, to call for the records
pertaining to the impugned order passed by the 1st respondent in Na.Ka.No.
157/2024 dated 06.05.2024 and quash the same and further direct the 1st
respondent to entertain the obstruction petition of the petitioner dated
06.05.2024 afresh.
For Petitioner : Mr.T.Selvan
For R1 : Mr.M.Siddharthan,
Additional Government Pleader
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1/5
W.P.(MD)No.11144 of 2024
ORDER
The rejection order of the 1st respondent dated 06.05.2024 is under
challenge in this Writ Petition.
2.Mr.M.Siddharthan, learned Additional Government Pleader takes
notice for the 1st respondent. Since no adverse order is going to be passed
against the respondents 2 to 7, notice to them is dispensed with.
3.By consent of both parties, this Writ Petition is taken up for final
disposal at the stage of admission itself.
4.The learned counsel appearing for the petitioner submitted that the
private respondents obtained a decree from the civil Court and they presented
the same for registration before the 1st respondent. Pending registration, the
petitioner approached the 1st respondent and made objections that he has got
right and title over the subject property. However, the 1st respondent, without
giving any opportunity to the petitioner and without hearing him, has passed an
order on the same date, when he raised objections. Therefore, the impugned
order is liable to be quashed.
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5.A perusal of the affidavit filed in support of this petition and the
typed set of papers annexed in this petition shows that the private respondents
obtained a decree and when they presented the same for registration, it was
rejected. Therefore, the 2nd respondent filed W.P.(MD)No.26290 of 2023,
seeking for registration of the decree, wherein, this Court, vide order dated
26.03.2024, directed the 1st respondent herein / Sub Registrar, Nanguneri, to
register the said decree.
6.It is well settled that the decree passed by the competent civil Court
is compulsorily registered one under Section 17 of the Registration Act, 1908
(hereinafter referred to as 'the Act') and when it is presented for registration
before the Registrar concerned within a period of four months under Section 23
of the Act, the Registrar concerned has to register the same.
7.If at all the petitioner has got any grievance regarding the decree,
he can challenge the same only before the competent Court and the 1 st
respondent is nothing to do with the same. Unless and until the judgment and
decree passed by the competent Civil Court is set aside / reversed, the 1 st
respondent / Sub Registrar is duty bound to register the same. Therefore, under
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these circumstances, this Court does not find any merit in this Writ Petition.
Accordingly, this Writ Petition stands dismissed. However, the petitioner is at
liberty to workout his remedy before the competent civil Court. No costs.
Consequently, connected miscellaneous petitions are closed.
08.05.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Yuva
To
The Sub Registrar,
Nanguneri, Tirunelveli District.
https://www.mhc.tn.gov.in/judis
P.VELMURUGAN, J.
Yuva
08.05.2024
https://www.mhc.tn.gov.in/judis
