← Library
Madras High CourtWP/8241/2023allowed

Chennamma v. The Sub Registrar

2023-03-30Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH Chennamma

...Petitioner

Vs The Sub Registrar, Hosur, Krishnagiri District.

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the refusal check slip in Refusal No.RFL/Hosur/30/2023 dated 06.03.2023 passed by the respondent in refusing to register the award passed by the Lok Adalat, Hosur in L.A.B. No.14/23 in O.S. No.2 of 2023 on the file of Additional Sub Judge, Hosur and quash the same and consequently direct the respondent to register the award dated 08.02.2023 passed in L.A.B. No.14/23 before the Lok Adalat, Hosur. For Petitioner : Mr.M.Mohamed Riyaz For Respondent : Mr.Yogesh Kannadasan, Special Government Pleader 1/4

ORDER

This writ petition has been filed, challenging the refusal check slip in Refusal No.RFL/Hosur/30/2023 dated 06.03.2023 passed by the respondent in refusing to register the award passed by the Lok Adalat, Hosur in L.A.B. No.14/23 in O.S. No.2 of 2023 on the file of the Additional Sub Judge, Hosur and seeking for a direction to the respondent to register the Award dated 08.02.2023 passed in L.A.B. No.14/23 before the Lok Adalat, Hosur.

2.When the petitioner had presented an Award passed by the Lok Adalat, held at Hosur dated 08.02.2023, the registration of the same came to be refused through a Check Slip in Refusal No.RFL/Hosur/30/2023 dated 06.03.2023. The reason assigned in the impugned Check Slip is that the petitioner had not produced the Parent Deeds, pertaining to the property, which is the subject matter of the Award. 3.The learned counsel for the petitioner submits that the petitioner was in possession of the Sale Deed, executed by her father in her favour 2/4

in Document No.2069/1974 dated 03.06.1974, which evidences that subject properties belong to the petitioner herein. 4.Heard Mr.M.Mohamed Riyaz, learned counsel for the petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader for the respondent.

5.If such original document is available with the petitioner, there cannot be any impediment for registration of the Lok Adalat Award. 6.In the light of the submissions made, the petitioner is granted liberty to produce the original Sale Deed in Document No.2069/1974 dated 03.06.1974, standing in the name of the petitioner's father before the respondent herein and on receipt of the original Sale Deed, the Sub Registrar shall forthwith register the Lok Adalat Award dated 08.02.2023 passed in L.A.B. No.14/23 forthwith, in any event, within a period of two 3/4

M.S.RAMESH,J.

vga weeks from the date of receipt of a copy of this order. Accordingly, this writ petition stands allowed. No costs.

30.03.2023 Index:Yes/No Speaking order/Non-speaking order vga To The Sub Registrar, Hosur, Krishnagiri District.

4/4