V.Vediappan vs The Inspector General Of Registration
2024 Latest Caselaw 8112 Mad

Madras High Court

V.Vediappan vs The Inspector General Of Registration on 22 May, 2024

Author: G.R.Swaminathan

Bench: G.R.Swaminathan

                                                                                W.P.No.13977 of 2024

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED: 22.05.2024

                                                            CORAM :

                                    THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                                      W.P.No.13977 of 2024
                                                   and W.M.P.No.15168 of 2024

                     V.Vediappan                                                       .. Petitioner
                                                               vs

                     1.The Inspector General of Registration,
                       Santhome High Road,
                       Santhome, Chennai – 600 004.

                     2.The District Registrar (Administration),
                       District Registrar's Office,
                       Salai Vinayagar Temple Road,
                       Dharmapuri – 636 701.

                     3.The Sub-Registrar – 1,
                       Dharmapuri,
                       Dharmapuri.

                     4.Madammal                                                     .. Respondents

                           Petition filed under Article 226 of the Constitution of India
                     praying to issue a writ of certiorarified mandamus by calling for
                     entire records pertaining to passing of the impugned order in
                     refusal No.RFL/1, Joint Sub-Registrar I, Dharmapuri/8/2024 dated
                     26.03.2024 and quash the same consequently direct the 3rd
                     respondent to register the judgment and decree passed in
                     O.S.No.58 of 2021 by District Munsif Court, Dharmapuri in the
                     relevant records / books pertaining to the Survey No.387,
                     Virupatchipuram Village, Dharmapuri Taluk and District within a
                     stipulated time.

                                  For Petitioner      :    Mr.C.Umashankar

                                  For Respondents :        Mr.B.Vijay, AGP
                                                           for R1 to R3

https://www.mhc.tn.gov.in/judis
                     1/4
                                                                               W.P.No.13977 of 2024

                                                              ORDER

Heard both sides.

2. The petitioner presented the petition mentioned court

order for registration. The registering authority took the stand that

the ex-parte orders cannot be registered. To that effect, the

impugned notice was issued. Challenging the same, this writ

petition has been filed.

3. It is beyond dispute that the issue raised in this writ

petition is covered by order dated 30.03.2024 in W.P.(MD) No.

7057 of 2023 (P.Malarvizhi Vs. The Sub Registrar, Mathagupatti

Sub Registrar Office, Sivagangai District).

4. In this view of the matter, the order impugned is set

aside. The petitioner is permitted to re-present the petition

mentioned judgment and decree, which shall be registered by the

third respondent subject to fulfilment of all other usual formalities.

5. Writ petition is allowed. No costs. Connected

miscellaneous petition is closed.

22.05.2024 Index:Yes/No Neutral Citation:Yes/No ssm/ab

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

To

1.The Inspector General of Registration, Santhome High Road, Santhome, Chennai – 600 004.

2.The District Registrar (Administration), District Registrar's Office, Salai Vinayagar Temple Road, Dharmapuri – 636 701.

3.The Sub-Registrar – 1, Dharmapuri, Dharmapuri.

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

G.R.SWAMINATHAN,J.

ssm/ab

22.05.2024

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