Madras High Court
G. Thiagarajan vs The District Registrar ... on 22 October, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
WP(MD). No.25008 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 22/10/2024
CORAM
The Hon`ble Mr.Justice N.SATHISH KUMAR
WP(MD). No.25008 of 2024
G. Thiagarajan ... Petitioner
Vs
1. The District Registrar (Administration),
O/o. the District Registrar Office,
Madurai South,
Madurai..
2. The Sub Registrar (Joint - I),
O/o. the Sub Registrar Joint - I Office,
Madurai South,
Palace Road, Madurai.. ... Respondents
PRAYER :- Writ Petition, filed under Article 226 of the Constitution of
India, praying this court to issue a Writ of Mandamus, directing the
respondents to make necessary entries, pursuant to the final decree dated
13.10.2020 in O.S.No. 1191 of 2008 in terms of Section 29(2) of the
Registration Act, 1908 by considering the petitioner's representations
dated 01.07.2024 and 12.09.2024 within the period that may be
stipulated by this Court.
1/5
https://www.mhc.tn.gov.in/judis
WP(MD). No.25008 of 2024
For Petitioner : Mr.V.Karthikraja
M/s. Ajmal Associates
For Respondents : Mr.P.Subbaraj
Special Government Pleader
ORDER
By consent of both sides, the writ petition itself is taken up for
final disposal at the stage of admission itself.
2. The writ petition has been filed for a mandamus directing the
respondents to make necessary entries, pursuant to the final decree dated
13.10.2020 in O.S.No. 1191 of 2008 in terms of Section 29(2) of the
Registration Act, 1908 by considering the petitioner's representations
dated 01.07.2024 and 12.09.2024 within the period that may be
stipulated by this Court.
3. The petitioner has filed a suit regarding pathway dispute and
the said suit has been decreed pursuant to the compromise decree in OS
No.1191/2008. When the same is presented for registration, the
document ought to have been registered and since the same has not been
done, the petitioner made representations for making necessary entry.
https://www.mhc.tn.gov.in/judis
Since the same were not considered, he is before this Court with this writ
petition.
4. I have considered the rival submissions and perused the
materials available on record.
5. It is made clear that this Court in several judgments had held
that limitation under Section 23 of the Registration Act is not applicable
for presentation of judgment and decree. In Subramani v. the Sub
Registrar and another [(2024) 3 MLJ 588], this Court had held that
limitation is not applicable for presenting judgment and decree.
6. In that view of the matter, the writ petition is disposed of with a
direction to the respondents to make necessary entries, when the
judgment and decree was presented by the petitioner. No costs.
22.10.2024
RR
https://www.mhc.tn.gov.in/judis
TO
1. The District Registrar (Administration),
O/o. the District Registrar Office,
Madurai South,
Madurai..
2. The Sub Registrar (Joint - I),
O/o. the Sub Registrar Joint - I Office,
Madurai South,
Palace Road, Madurai..
https://www.mhc.tn.gov.in/judis
N.SATHISH KUMAR,J
RR
ORDER
IN
Date : 22/10/2024
https://www.mhc.tn.gov.in/judis
