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Madras High CourtWP/1758/2021allowed

K.M.Krishnamoorthy v. The Sub Registrar,

2021-02-01Honourable Mr Justice N. Seshasayee2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2021 CORAM : JUSTICE N.SESHASAYEE W.P.No.1758 of 2021 K.M.Krishnamoorthy ...

Petitioner Vs.

1.The Sub Registrar Pochampalli Krishnagiri District.

2.R.Pradhap ...

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to register the certified copy of the decree dated 31.08.2018 passed in the suit in O.S.No.82 of 2015 on the file of the District Munsif Court, Pochampalli, on payment of registration charges alone without insisting on the period of limitation under Section 23 of the Registration Act, 1908.

For Petitioner : Mr.T.Dharani For Respondents: Mr.T.M.Pappiah Special Government Pleader [R1]

ORDER

The petitioner approached the Sub Registrar, Pochampalli, Krishnagiri District / 1st respondent vide his application dated 20.08. 2020, to register the decree in O.S.No.82 of 2015 on the file of the District Munsif Court, Pochampalli, dated 31.08.2016. But, till date there is no response from the respondent concerned. Hence, the petitioner is before this Court seeking a direction to the first respondent to register the decree in O.S.No.82 of 2015.

2. Heard Mr.T.Dharani, learned counsel for the petitioner and Mr.T.M.Pappiah, learned Special Government Pleader for the first respondent.

3. The petitioner has given his representation to the first respondent, the Sub Registrar, Pochampalli for registering the decree in O.S.No.82 of 2015, and this Court considers that seeking a direction is unnecessary when the statutory duty is cast on the Sub Registrar to register the document, which is registrable, and inasmuch as the decree herein is not a compromise decree, the decree has to be necessarily registered by him in the manner known to law, within a period of eight weeks from the date of receipt of a https://hcservices.ecourts.gov.in/hcservices/

copy of this order.

4. The writ petition is disposed of in the manner indicated. No costs.

Sd/- Assistant Registrar (CS-VII) //True Copy// Sub Assistant Registrar Ds To:

1.The Sub Registrar, Pochampalli, Krishnagiri District.

+1cc to Mr.T.Dharani, Advocate, S.R.No. 5709 W.P.No.1758 of 2021 PMK(CO) GN(08/04/2021) https://hcservices.ecourts.gov.in/hcservices/