Madras High Court
Leebanon Arulmani vs The Inspector General Of Registration on 9 September, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P.(MD) No.21124 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.(MD) No.21124 2024
Leebanon Arulmani ...Petitioner
-vs-
1.The Inspector General of Registration,
Registration Department,
No.100, Santhome High Road,
Chennai-600 028.
2.The Sub Registrar,
O/o.the Sub Registrar,
Kovilpatti. ...Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, praying for issuance of a writ of Certiorarified Mandamus, to call
for the records relating to the rejection of the refusal check slip bearing
No.RFL/Kovilpatti/82/2024 dated 13.08.2024 passed by the second
respondent herein and quash the same as illegal and consequently direct
the second respondent herein to register the copy of the decree passed by
the learned Subordinate Court, Kovilpatti in O.S.No.5 of 1998, dated
07.11.2023 in favour of the petitioner herein relating to the properties
described therein, in accordance with the provisions of the Registration
Act.
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.21124 of 2024
For Petitioner : Mr.V.Shathurthi Raja
For R1 & R2 : Mr.C.Satheesh
Government Advocate
ORDER
This writ petition has been filed challenging the refusal
check slip issued by the second respondent and to direct the second
respondent to register the copy of the decree passed by the learned
Subordinate Court, Kovilpatti in O.S.No.5 of 1998, dated 07.11.2023 in
favour of the petitioner herein relating to the properties described therein,
in accordance with the provisions of the Registration Act.
2.The contention of the petitioner is that the petitioner along with
six others filed a suit in O.S.No.5 of 1998 seeking declaration that the
suit properties are joint family properties and for partition. The said suit
was partly allowed. Challenging the same, the seventh defendant in that
suit filed an appeal in A.S.No.33 of 2005, which was dismissed.
Aggrieved over the same, the seventh respondent had filed second appeal
in S.A.(MD)No.232 of 2010. The second appeal was dismissed
confirming the orders of the Courts below and the said order attained
finality. When the petitioner presented the decree and judgment made in
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O.S.No.5 of 1998 dated 07.11.2023 for registration, the same was refused
to be registered for want of documents to prove title.
3.The very refusal order passed by the Sub Registrar/second
respondent clearly indicates that she had shown disrespect to the decree
and judgment of the Courts below as well as this Court. When the issue
with regard to the property in question, had attained finality by virtue of
the decree and judgment of this Court, the second respondent has no
right to go into the title of the property and other document. Therefore,
insisting the production of original in such cases, is not at all required.
Therefore, the Sub Registrar concerned was asked to show cause, why
she should not be proceeded for contempt of Court. Today, the
concerned Officer appeared and submitted that she will not commit such
mistake here after. However, it is to be noted that she has not shown any
remorse to her Act.
4.Though the act of the second respondent clearly amounts to
contempt of Court, this Court restricts itself from imposing any
punishment on the second respondent. However, in order to send a
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strong message in this regard, the second respondent is directed to pay a
sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the Women
Advocate Association Creche attached to the Madurai Bench of Madras
High Court within a period of one week from today (i.e. 09.09.2024). If
the amount is not paid within the stipulated time, the District Registrar is
directed to deduct the said amount from the salary of the second
respondent and send the same to the Creche.
5.In the result, this writ petition is allowed and the refusal check
slip issued by the second respondent in Refusal Check Slip No.
RFL/Kovilpatti/82/2024 is set aside. The second respondent is directed
to register the judgment and decree passed by the learned Subordinate
Court, Kovilpatti in O.S.No.5 of 1998, dated 07.11.2023 within a period
of one week from the date of receipt of a copy of this order. No costs.
09.09.2024
Index : Yes / No
Internet : Yes / No
ta
Note:Issue order copy on 11.09.2024
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To
1.The Inspector General of Registration,
Registration Department,
No.100, Santhome High Road,
Chennai-600 028.
2.The Sub Registrar,
O/o.the Sub Registrar,
Kovilpatti.
3.The District Registrar,
Kovilpatti.
https://www.mhc.tn.gov.in/judis
N.SATHISH KUMAR, J.
ta
09.09.2024
https://www.mhc.tn.gov.in/judis
