Madras High Court
S.Malarvizhi vs The District Registrar on 2 September, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P.(MD) No.16217 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.(MD) No.16217 2023
S.Malarvizhi ...Petitioner
-vs-
1.The District Registrar,
O/o.District Registrar,
Theni District.
2.The Sub Registrar,
O/o.Sub Registrar Office,
Chinnamanur,
Theni District. ...Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, praying for issuance of a writ of Certiorarified Mandamus, calling
for the records relates to the impugned order made in Na.Ka.No.97/2023,
dated 05.06.2023, by the 2nd Respondent and quash the same as it is
illegal and in consequence to direct him to register the decree and
judgment dated 20.10.2003 made in O.S.No.206/2000 on the file of
District Munsif Uthamapalayam, confirmed by the judgment and decree
dated 27.04.2023, and made in A.S.No.103/2004 on the file of Sub Judge
Uthamapalayam.
1/5
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.16217 of 2023
For Petitioner : Mr.R.Suriyanarayanan
For Respondents : Mr.P.Subbaraj
Special Government Pleader
ORDER
This writ petition has been filed challenging the order dated
05.06.2023 refusing to register the decree and judgment obtained by the
petitioner.
2.Heard the learned counsel appearing on either side and perused
the materials placed on record.
3.The grievance of the petitioner is that the subject property
belongs to her father. Since an Ashramam had claimed right over the
subject property, the father of the petitioner had filed a suit in O.S.No.
206 of 2000 on the file of the District Munsif, Uthamapalayam and
obtained a decree in his favour cancelling some of the documents
registered with regard to the subject property. Challenging the same, the
Ashsramam had filed an appeal and the same came to be dismissed. In
the meantime, the father of the petitioner died. When the petitioner
presented the decree and judgment for registration, the second
https://www.mhc.tn.gov.in/judis
respondent had refused to register the same stating that unless a specific
direction is issued by the Civil Court to the Sub Registrar to register the
said decree and judgment, the same cannot be registered.
4.Admittedly, the father of the petitioner had filed a suit for
declaration in respect of the subject property in O.S.No.206 of 2000
against the Shree Ramakrishan Sevashramam. The same was decreed in
his favour. Further, the appeal filed against the said judgment and decree
was also dismissed. It appears that no second appeal is filed against the
same.
5.When the issue with regard to the property in question is decided
by virtue of the decree and judgment of the competent civil Court, the
Registering Authorities has no right to go into the title of the property
and other documents and it is the duty of the Registering Authorities to
register the decree granted by the competent civil Court. After such
registration, the petitioner will have every right to deal with the property
by executing any deed by way of transfer etc..
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6.In view of the above, the order passed by the second respondent
in Na.Ka.No.97/2023, dated 05.06.2023 is set aside and this writ petition
is allowed. The second respondent is directed to register the copy of the
decree and judgment made in O.S.No.206 of 2000 dated 20.10.2003 and
A.S.No.103 of 2004 dated 27.04.2023 within a period of one month from
the date of receipt of a copy of this order. No costs.
02.09.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
ta
To:
1.The District Registrar,
O/o.District Registrar,
Theni District.
2.The Sub Registrar,
O/o.Sub Registrar Office,
Chinnamanur,
Theni District.
https://www.mhc.tn.gov.in/judis
N.SATHISH KUMAR, J.
ta
02.09.2024
https://www.mhc.tn.gov.in/judis
