S.Ponnusamy v. The District Registrr Administration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH S.Ponnusamy S/o.Subramani ... Petitioner Vs.

1.The District Registrar-Administration, District Registrar Office, Coimbatore District.

2.The Sub Registrar, Sulur Sub Register Officer, Coimbatore District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the second respondent to register the preliminary decree passed by the Principal District Munsif Court, Coimbatore, in O.S.No.605 of 2007 dated 28.01.2008, with respect to the property bearing Old Survey No.252/2, New Survey No.252/2D, to an extent of 3.601⁄2 acres of land, situated at Kaniyur Village, Sulur Taluk, Coimbatore District, which was presented by the petitioner vide TP/208169462/2025, dated 28.01.2025. For Petitioner : Ms.S.Rithika For Respondents : Mr.B.Vijay Additional Government Pleader *****

O R D E R

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This writ petition has been filed seeking issuance of a writ of mandamus directing the second respondent to register the preliminary decree passed in O.S.No.605 of 2007 dated 28.01.2008.

2. Heard Ms.S.Rithika, learned counsel for petitioner and Mr.B.Vijay, learned Additional Government Pleader appearing for respondents.

3. The grievance of the petitioner is that a preliminary decree has been passed in O.S.No.605 of 2007, dated 28.01.2008, with respect to the subject property. When the same was presented by the petitioner on 28.01.2025, the same was refused to be registered by the second respondent. It is under these circumstances, the present writ petition came to be filed before this Court.

4. Taking into consideration the facts and circumstances of the case and considering the fact that the limitation that is provided under the Registration Act will not apply to the registration of a decree, there shall be a direction to the second respondent to entertain the certified copy of the preliminary decree passed in O.S.No.605 of 2007, dated 28.01.2008 2/4

and register the same, if it is otherwise in order. This writ petition is disposed of with the above direction. No costs.

12.03.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To 1.The District Registrar-Administration, District Registrar Office, Coimbatore District.

2.The Sub Registrar, Sulur Sub Register Officer, Coimbatore District.

N.ANAND VENKATESH, J gm 3/4

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