K.Solai Hari vs /
2024 Latest Caselaw 20410 Mad

Madras High Court

K.Solai Hari vs / on 28 October, 2024

Author: Abdul Quddhose

Bench: Abdul Quddhose

                                                                         W.P.(MD)No.25723 of 2024

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 28.10.2024

                                                    CORAM:

                                  THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                            W.P.(MD)No.25723 of 2024


                     K.Solai Hari                                            ... Petitioner

                                                        /Vs./

                     1.The District Registrar,
                       Registration Department,
                       Shanmugapuram Periyar Salai,
                       Palani,
                       Dindigul District - 624 003.

                     2.The Sub-Registrar,
                       Guziliamparai Register Office,
                       Dindigul District.                                    ... Respondents

                     PRAYER: Petition filed under Article 226 of the Constitution of India, to
                     issue a Writ of Mandamus, to direct the 2nd respondent to register the
                     Decree and Judgment in OS 4/2005 on the file of District Judge,
                     Dindigul dated 08.04.2012 and confirming Decree and Judgments in AS
                     No.86/2012 on the file of this Honble High Court - Madras Madurai
                     Bench dated 09.02.2021 and release the same within the time frame as
                     fixed by this Court.



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                                                                                   W.P.(MD)No.25723 of 2024

                                        For Petitioner      : Mr.A.Joesph Jerry
                                        For Respondents : Mr.C.Satheesh
                                                             Government Advocate


                                                             ORDER

This writ petition has been filed for a mandamus seeking for a

direction to the second respondent to register the decree and judgment

passed in O.S No.4 of 2005 on the file of the District Court, Dindigul,

dated 18.04.2012 and confirmed by the decree and judgment rendered in

A.S.(MD)No.86 of 2012 on the file of this Court dated 09.02.2021 and

release the same to the petitioner within a time frame to be fixed by this

Court.

2. Heard Mr.A.Joesph Jerry, learned counsel appearing for the

petitioner, and Mr.C.Satheesh, learned Government Advocate appearing

for the respondents.

3. By consent of both parties, this writ petition is taken up for final

disposal at the stage of admission itself.

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4. Admittedly, no final orders have been passed by the second

respondent either accepting or rejecting the request of the petitioner for

registration of the aforementioned decrees.

5. Therefore, no prejudice will be caused to the respondents, if a

direction is issued to the respondents to consider the petitioner’s request

for registration of the aforementioned decrees on merits and in

accordance with law and if found eligible, register the same within a time

frame to be fixed by this Court.

6. For the foregoing reasons, this writ petition is disposed of by

directing the respondents to consider the request of the petitioner to

register the decree and judgment passed in O.S No.4 of 2005 on the file

of the District Court, Dindigul, dated 18.04.2012 and confirmed by this

Court by its judgment and decree dated 09.02.2021 passed in

AS(MD)No.86 of 2012 on merits and in accordance with law, and if the

second respondent finds that the same can be registered, the second

respondent is directed to register the aforementioned decrees within a

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period of eight weeks from the date of receipt of a copy of this order. No

costs.

                                                                            28.10.2024
                     Index        : Yes / No
                     NCC          : Yes / No
                     sm

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TO:-

1.The District Registrar, Registration Department, Shanmugapuram Periyar Salai, Palani, Dindigul District - 624 003.

2.The Sub-Registrar, Guziliamparai Register Office, Dindigul District.

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ABDUL QUDDHOSE, J.

Sm

Order made in

Dated:

28.10.2024

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