Madras High Court
Maharasi vs The Sub Registrar on 16 May, 2024
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 20.12.2023
Pronounced on : 16.05.2024
CORAM
THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.28611 of 2023
Maharasi .... Petitioner
Vs.
The Sub Registrar,
Radhapuram,
Tirunelveli. ... Respondent
Prayer : Writ Petitions filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, to call for the records
relating to the impugned refusal check slip in RFL/Radhapuram/85/2023 dated
10.11.2023 on the file of the respondent and quash the same as illegal and
consequently direct him to register the Certified Copy of the Decree dated
06.02.2016 made in A.S.No.57 of 2010 on the file of Sub-Court, Valliyoor.
For Petitioner : Mr.V.S.Kishore Kumar
For Respondent : Mr.K.Balasubramani
Special Government Pleader
https://www.mhc.tn.gov.in/judis
1/6
ORDER
Heard both sides.
2.One Rathinamony filed O.S.No.221 of 2004 on the file of Principal
District Munsif Court, Valliyoor against the petitioner's husband and others for
the relief of declaration and injunction. The suit involved the validity of the
sale deed dated 31.08.2004. The Court held that there is no oral partition and
that the sale deed was not valid and dismissed the suit on 15.07.2010.
Rathinamony filed A.S.No.57 of 2010 on the file of Sub Court, Valliyoor.
During the pendency of the appeal, the petitioner's husband passed away and
the petitioner was added as the fourth respondent. Appeal was dismissed on
06.02.2016. It has become final. The petitioner subsequently presented the
copy of the judgment and decree made in the first appeal. The registering
authority refused to register the same. Instead the impugned refusal check slip
was issued. Challenging the same, the present writ petition came to be filed.
3.The issue raised in this writ petition is no longer res integra. A learned
Judge of this Court vide order dated 21.06.2023 in W.P(MD)No.14723 of 2023
(S.Elangovan Vs The District Registrar, Karur District, Karur & Another) had
https://www.mhc.tn.gov.in/judis
2/6
held that a registering authority cannot sit over the judicial order or decree and
that it is not open to him to undertake the verification exercise in respect of the
rights of the parties. Another learned Judge vide order dated 05.01.2024 in
W.P.No.36564 of 2023 (P.Vasantha Kumari vs The Joint Sub Registrar-1,
Udhagamandalam, The Nilgiris) had held as follows:
“4. The proviso Section 23 of the Registration Act only
says about the period for presenting documents for registration
as follows;
23. Time of presenting document.- Subject to the provisions
contained in Sections 24, 25, and 26, no document other than a
Will shall be accepted for registration unless presented for that
purpose to the proper officer within four months from the date of
its execution
Provided that a copy of a decree or order may be presented
within four months from the date on which the decree or order
was made, or, where it is appealable, within four months from the
date on which it becomes final.
5. In this case, a perusal of the refusal check slip does not
show anything that the decree was presented for registration
beyond the stipulated period of 4 months and therefore, the same
was refused to be registered whereas, the reason given by the
respondent for not registering the decree is that since it was an
ex-parte decree, as per the circular e/f/vz;/34930-rp1-2019 ehs
27/02/2023, issued by the Inspector General of Registration,
Chennai, exparte decree cannot be registered.
https://www.mhc.tn.gov.in/judis
3/6
6. It is settled proposition of law that no circular will
prevail over the Act or Rules. Therefore, the reason given by the
respondent for not registering the ex-parte decree based on the
said circular is against the provisions of law. Circular is only for
internal communication and not to bypass or over rule or modify
the Act. Therefore, though it is not challenged, since this Court
has come across several writ petitions wherein, the Registrars by
citing the said circular, have refused to register the ex-parte
decree, the specific portion in the Circular e/f/vz;/34930-
rp1-2019 ehs 27/02/2023 directing the registering authority not
to register the ex-parte decree, which is against Act or Rule, is
hereby quashed.
7.Admittedly, in this case, the petitioner has not presented
the said exparte decree within the stipulated period of 4 months
from the date of exparte decree. However, the proviso Section 23
of the Registration Act is not mandatory. If the decree/decree
holder gives a valid reason for presenting the decree for
registration, the same has to be considered unless the said decree
was subsequently set aside or over ruled or modified. Even
otherwise, if any dispute arises regarding the same, the
aggrieved party can work out their remedy before the civil forum.
The Registrar is not the competent authority to testify as to
whether the ex-parte decree presented before him/her is a valid
and executable one or not. Unless the decree presented for
registration is subsequently set aside or over ruled or modified
by the competent forum, it is the duty of the Registrar to register
https://www.mhc.tn.gov.in/judis
4/6
the document if the document is otherwise in order and within the
purview of the Registration Act.”
Respectfully applying the ratio laid down in the aforesaid decisions, the
impugned refusal check slip is quashed.
4.The petitioner is permitted to re-present the certified copy of the
judgment and decree. It shall be registered by the respondent and appropriate
entries shall be made in the encumbrance register. The petitioner of course has
to fulfill the other usual formalities, if any.
5.This writ petition is allowed accordingly. There shall be no order as to
costs.
16.05.2024
Index : Yes / No
Internet : Yes / No
NCC : Yes / No
MGA
To
The Sub Registrar,
Radhapuram,
Tirunelveli.
https://www.mhc.tn.gov.in/judis
5/6
G.R.SWAMINATHAN, J.
MGA
Copy to
1.The Principal District Munsif Court, Valliyoor.
2.The Sub Court, Valliyoor.
16.05.2024
https://www.mhc.tn.gov.in/judis
