Manimegalai v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH Manimegalai .. Petitioner Vs.

1.The District Registrar, Namakkal, Ernapuram & Post, Namakkal District.

2.The Sub-Registrar, Velur, Pavamathi Velur Taluk, Namakkal District.

3.Chandra ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records on the file of the 2nd respondent in Refusal Check Slip No.RFL/Vellore/28/2022 dated 13.04.2022, directing the 2nd respondent herein to register the Civil Court Decree in O.S.No.267 of 2005 dated 05.09.2013 on the file of the Subordinate Judge, Namakkal, within a 1/6

limited time frame, without insisting on the limitation period of 4 months provided under Section 23 of the Registration Act, 1908. For Petitioner : Mr.M. Ravi For Respondents : Mr.Yogesh Kannadasan, [R1 & R2] Special Government Pleader

ORDER

Heard Mr.M. Ravi, learned counsel for the petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader, appearing for the first and second respondents. Though notice served to the third respondent, there is no appearance on behalf of the third respondent.

2. When the petitioner herein, had sought for registration of a Decree of the Civil Court passed in O.S.No.267 of 2005 dated 05.09.2013, the second respondent herein, had refused the same through the impugned check slip dated 13.04.2022, stating that there is a bar under Section 23 of the Registration Act, 1908 (hereinafter called as 'the Act').

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3. This Court, in its earlier order dated 20.06.2019 passed in W.P.(MD).No.13896 of 2019, had held that the limitation prescribed under Section 23 of the Act, is not a mandatory requirement and will not be applicable to registration of Court Decrees. In accordance with the order passed by this Court, the Inspector General of Registration had also issued a Circular dated 27.02.2023 in Na.Ka.No.34930/C1/2019, stating that the limitation prescribed under Section 23 of the Act, will not be applicable to the Court Decrees which are sought to be registered. Thus, the reason adduced in the impugned check slip for refusal, on the ground of limitation under Section 23 of the Act, cannot be sustained and consequently, the second respondent would be bound to register the Civil Court Decree, without reference to the limitation.

4. In the result, the impugned check slip dated 13.04.2022 on the file of the second respondent, is hereby quashed. Consequently, there shall be a direction to the second respondent herein, to forthwith register the Civil Court Decree passed in O.S.No.267 of 2005 dated 3/6

05.09.2013 on the file of Subordinate Judge, Namakkal, without placing reliance on the limitation prescribed under Section 23 of the Registration Act, 1908, within a period of two (2) weeks from the date of receipt of a copy of this order.

5. With the above direction, the Writ Petition stands allowed. No costs.

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To 1.The District Registrar, Namakkal, Ernapuram & Post, Namakkal District.

2.The Sub-Registrar, Velur, Pavamathi Velur Taluk, Namakkal District.

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M.S.RAMESH, J.

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