Madras High Court
Ramasamy vs The Sub-Registrar on 17 October, 2024
W.P.No.29804 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.10.2024
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
W.P.No.29804 of 2024
Ramasamy ... Petitioner
vs.
The Sub-Registrar,
Registration Department,
Veppanthattai,
Perambalur District.
PIN : 621 117 ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Certiorarified Mandamus, calling for the records
relating to the impugned Refusal Check Slip bearing
No.RFL/Veppanthattai/301/2024 dated 01.08.2024 on the file of the
Respondent herein, quash the same and consequently direct the Register to
register the Judgment and Decree dated 28.04.2023 passed in O.S.No.38 of
2019 on the file of the District Munsif Court-cum-Judicial Magistrate,
Veppanthattai, Perambalur District, within a stipulated period.
For Petitioner : Mr.K.Govi Ganesan
For Respondent : Mr.T.Chezhiyan
Additional Government Pleader
ORDER
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By consent of both the learned counsel appearing for the petitioner as
well as respondent, this writ petition is disposed of at the admission stage
itself.
2. Aggrieved by the impugned Refusal Check Slip bearing
No.RFL/Veppanthattai/301/2024 dated 01.08.2024 issued by the
respondent refusing to register the certified copies of the judgment and
decree passed in O.S.No.38 of 2019, dated 28.04.2023 on the file of the
District Munsif-cum-Judicial Magistrate, Veppanthattai, Perambalur
District, the petitioner has come before this Court.
3. It is the case of the petitioner that he and his mother-Veerammal
filed a suit in O.S.No.699 of 2004 on the file of the District Munsif-cum-
Judicial Magistrate, Veppanthattai, Perambalur District against one
Angammal and others for declaration of title, permanent injunction and
mandatory injunction to remove the names of defendants 1 to 3 from the
revenue records in respect of the suit property and the said suit was
renumbered as 38 of 2019. The said suit was decreed by the Trial Court by
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the judgment and decree dated 28.04.2023. It is also stated by the petitioner
that the judgment and decree has become final, as no appeal has been filed
by the rival parties to the knowledge of the petitioner. The certified copies of
the judgment and decree were presented before the respondent for
registration. The respondent refused to register the same by citing Circulars
issued by the Inspector General of Registration in Na.Ka.No.
34930/C1/2019, dated 27.02.2023 and Na.Ka.No.34930/C1/2019, dated
11.07.2024.
4. In the impugned refusal check slip, the respondent has not given
any reason for refusing to register the judgment and decree presented for
registration. The respondent simply referred to the circulars issued by the
Inspector General of Registration. However, without giving any valid reason
he refused registration. The respondent has not stated how Civil Court's
judgment and decree pertains to subject property can be refused registration.
Certainly, the administrative instructions issued by Inspector General of
Registration will not affect validity of decree passed by Civil Court touching
the subject property. Further, respondent has not indicated in the impugned
order how alleged circular issued by Inspector General of Registration gets
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attracted in the present case. Therefore, the impugned refusal check slip
issued by the respondent is a non-speaking order and the same is liable to be
set aside.
5. When the certified copies of the judgment and decree passed by the
Civil Court is presented for registration, the registering-authority is not
entitled to refuse registration without giving valid reason, the same would
amount to nullifying the considered order passed by the Civil Court.
Therefore, the impugned Refusal Check Slip in
No.RFL/Veppanthattai/301/2024, dated 01.08.2024 issued by the
respondent is set aside.
6. The petitioner is directed to represent certified copies of the
judgment and decree passed in O.S.No.38 of 2019, dated 28.04.2023 on the
file of the District Munsif-cum-Judicial Magistrate, Veppanthattai,
Perambalur District for registration before the respondent, within a period of
two weeks from the date of receipt of copy of this order. The respondent
shall register the same, if it is otherwise in order.
7. With the above direction, the Writ Petition stands allowed. No
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costs.
17.10.2024
Index : Yes/No
Speaking order:Yes/No
Neutral Citation:Yes/No
dm
To
The Sub-Registrar,
Registration Department,
Veppanthattai,
Perambalur District.
PIN : 621 117
https://www.mhc.tn.gov.in/judis
S.SOUNTHAR, J.
dm
17.10.2024
https://www.mhc.tn.gov.in/judis
