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Madras High CourtWP/6600/2024allowed

P.P.Raja v. The Sub Registrar

2024-07-01Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2024

CORAM

THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR P.P.Raja .. Petitioner Vs The Sub Registrar Karimangalam Dharmapuri District .. Respondent Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the order passed by the respondent in RFL/Karimangalam/03/2024 dated 05.01.2024 and quash the same as illegal, null, arbitrary and void and further direct the respondent to register the award made in Lok Adalat Case No.87 of 2023 by the Lok Adalat at Palacode, Dharmapuri District. For Petitioner : Mr.R.Bharathkumar For Respondent : Mr.B.Vijay Additional Government Pleader 1/4

O R D E R

Challenging the refusal check slip dated 05.01.2024 issued by the respondent in RFL/Karimangalam/03/2024, this writ petition has been filed.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the materials placed on record.

3. When the petitioner presented the Award dated 09.12.2023 passed in Lok Adalat Case No.87 of 2023 for registration, the same was refused to be registered by the respondent citing several reasons. Hence, the present writ petition.

4. This Court is of the view that the registering authority cannot act as an appellate authority, when the parties have settled the matter before the Lok Adalat and an award has been passed. Such award is always enforceable as a civil Court decree. When such being the position, refusal cannot made mechanically. Hence, the impugned refusal check slip issued by the respondent stands quashed and the respondent is directed to register the Lok Adalat Award dated 09.12.2023 passed in Case No.87 of 2023, within a week's time from the 2/4

date of receipt of a copy of this order, without insisting any further requirement. With the above direction, this writ petition stands allowed. No costs. 01.07.2024 gya (2/2) Index : Yes/No To The Sub Registrar Karimangalam Dharmapuri District 3/4

N.SATHISH KUMAR, J.

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