Madras High Court
K.Lakshmanan vs The District Registrar on 20 September, 2024
W.P. No. 27438 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.09.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR
W.P. No.27438 of 2024
K.Lakshmanan ..Petitioner
Vs.
1. The District Registrar
Chengalpet Registration District,
Chengalpet.
2. The Sub-Registrar
Sriperumpudur Sub-Registration District
Sriperumpudur,
Kancheepuram District. ...Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India
for issuance of a Writ of Certiorarified Mandamus, to call for the records of the
2nd respondent in connection with the impugned order passed by him in Letter
No.282/ 2024-1 dated 14.08.2024 and quash the same and further direct the
respondents to enter/register the court decree in O.S. No.781 of 1996 and to
effect necessary entries in the Book-I by deleting the encumbrances by way of
footnote in respect of the property situated in Survey No.52/1D measuring an
extent of 35 cents, Kaval Kazhani Village, Kundrathur Taluk, Chengalpet
District.
1/5
https://www.mhc.tn.gov.in/judis
W.P. No. 27438 of 2024
For Petitioner :Mr.S.Sivakumar
For Respondents : Mr.P.Harish
Government Advocate
ORDER
By consent of both the learned counsel appearing for the petitioner as
well as respondents, this writ petition is disposed of at the admission stage
itself.
2. Aggrieved by the order passed by the 2nd respondent refusing to enter
the Civil Court's order passed in O.S.No.781 of 1996 on the file of the District
Munsif Court, Poonamallee on the ground that unless the Civil Court's order is
forwarded by the Court concerned, the same cannot be entered in the
registration book, the petitioner has come before this Court by way of writ
petition.
3. It is the case of the petitioner that certain documents relating to his
property in Document Nos.1674/1993, 1877/1993 and 3020/1993 were
cancelled by the judgment and decree passed by the District Munsif Court,
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Poonamallee in O.S.No.781 of 1996. When the said Civil Court's decree was
presented before the 2nd respondent seeking entry of Civil Court's order, the
same was refused by the 2nd respondent on the ground that unless the Civil
Court's order is forwarded to the registering authority by the Court concerned,
the same will not be entered in the registration book.
4. . The petitioner has not filed the Civil Court's decree before the 2nd
respondent for registration. The petitioner only presented the same for making
entry in the Book-I. As rightly mentioned by the 2nd respondent, such an entry
can be done only if the order is forwarded to the registering authority by the
Civil Court. If the petitioner wants to enter the Civil Court's order, it is open to
him to seek registration of the same. Therefore, the Civil Court's decree will be
reflected in the Encumbrance Certificate issued by the registering authority. I
do not find any error in the order passed by the 2nd respondent. Accordingly,
the writ petition stands dismissed. However, it is open to the petitioner to seek
registration of the Civil Court's decree passed in O.S.No.781 of 1996 before the
2nd respondent by presenting the certified copy of the same. If the certified copy
of the decree passed in O.S.No.781 of 1996 is presented, the 2 nd respondent
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shall consider the same for registration if it is otherwise in order. No costs.
20.09.2024
Index : Yes/No
Neutral Citation : Yes/No
nr
To
1. The District Registrar
Chengalpet Registration District,
Chengalpet.
2. The Sub-Registrar
Sriperumpudur Sub-Registration District
Sriperumpudur,
Kancheepuram District.
S.SOUNTHAR, J.
https://www.mhc.tn.gov.in/judis
nr
20.09.2024
https://www.mhc.tn.gov.in/judis
