Madras High Court
V.K.S.A.Akbar Ali vs The Sub Registrar on 7 March, 2025
W.P.(MD) No.6167 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.P.(MD) No.6167 of 2025
V.K.S.A.Akbar Ali ... Petitioner
-vs-
The Sub Registrar
K.Sathanoor Sub Registrar's Office
K.Sathanoor, Palani Nagar
K.K.Nagar, Trichy-21 ... Respondent
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of mandamus directing the respondent herein to register the order made
in W.P.(MD) No.4607 of 2019, on the file of this Court, dated 26.09.2023, in
the light of the petitioner's representation dated 05.02.2025, within a
stipulated period as fixed by this Court.
For Petitioner : Mr.R.Sundar
For Respondent : Mr.N.Ramesh Arumugam
Government Advocate
____________
Page 1 of 5
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/03/2025 10:49:19 am )
W.P.(MD) No.6167 of 2025
ORDER
Heard Mr.R.Sundar, learned counsel for the petitioner and
Mr.P.T.Thiraviyam, learned Government Advocate, representing Mr.N.Ramesh
Arumugam, learned Government Advocate appearing for the respondent.
2. The petitioner claims that the property situated in Old Survey
No.55 and New Survey No.154 of Panjappur Village, Srirangam Taluk,
Trichirappalli District, belongs to his family. Disputes arose as regards
whether the property is “Sarkkar Poramboke” or it belongs to the writ
petitioner's family. After several rounds of litigation, the matter was settled by
this Court, by an order 26.09.2023, passed in W.P.(MD) No.4607 of 2019.
3. In order to protect his right over the property, the petitioner
wanted to register the order copy of this Court with the respondent / Sub
Register. But, his attempts upload the same resulted in futility. Hence, he
made a representation on 05.02.2025 and has come forward with the present
writ petition.
____________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/03/2025 10:49:19 am )
4. Mr.P.T.Thiraviyam, learned Government Advocate, states that
Mr.N.Ramesh Arumugam, learned Government Advocate has got instructions
in this matter from the respondent / Sub Registrar. He states that the
instructions are that only Judgments and Decrees of the Civil Court can be
registered by the Sub Registrar and not the orders passed by the High Court.
5. I have carefully considered the submissions of both sides.
6. Under Section 18(f) of the Registration Act, 1908, all documents
not required to be registered under Section 17 of the said enactment can be
registered at the option of the party. An order of the Writ Court, even if it is
not to be treated as a Decree of the Civil Court, would still fall under Section
18(f) of the Registration Act, 1908. Therefore, the submission of
Mr.P.T.Thiraviyam, learned Government Advocate, that only Judgments and
Decrees of the Civil Court alone can be registered is unfounded.
7. In the light of the above discussions, this writ petition petition
succeeds. There will be a direction to the respondent to register the order,
dated 26.09.2023, passed by this Court in W.P.(MD) No.4607 of 2019.
____________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/03/2025 10:49:19 am )
8. At this juncture, learned counsel for the petitioner states that
the petitioner will present the document for registration before the
respondent / Sub Register by 12.03.2025.
9. The respondent / Sub Registrar shall register the document by
26.03.2025.
10. Accordingly, this writ petition is allowed. No costs.
11. Post the matter on 28.03.2025 for reporting compliance.
07.03.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
To:
The Sub Registrar,
K.Sathanoor Sub Registrar's Office,
K.Sathanoor, Palani Nagar,
K.K.Nagar, Trichy-21.
____________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/03/2025 10:49:19 am )
V.LAKSHMINARAYANAN, J.
krk
07.03.2025
____________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/03/2025 10:49:19 am )
