R.Seniappan v. Sub Registrar Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.13157 of 2025 R.Seniappan S/o Kate Ramasamy Gounder Petitioner Vs Sub Registrar Officer Avinasi, Tiruppur District Respondent Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus to quash the impugned order/Refusal Slip dated 04.02.2025 made in Refusal No.RFL/Avinasi/4/2025 issued by the respondent and consequently direct the respondent to register the judgment and decree passed by the I Additional Subordinate Court at Coimbatore dated 11.09.2024 in O.S.No.43 of 2019.
For Petitioner : Mr.H.Manojin For Respondent : Mr.U.Baranidharan Special Government Pleader *****
O R D E R
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This writ petition has been filed challenging the impugned refusal check slip issued by the respondent dated 04.02.2025 and for a consequential direction to the respondent to register the preliminary decree passed in O.S.No.43 of 2019, dated 11.09.2024, by learned I Additional Subordinate Judge, Coimbatore.
2. Heard Mr.H.Manojin, learned counsel for petitioner and Mr.U.Baranidharan, learned Special Government Pleader appearing for respondent.
3. The refusal check slip has been issued by the respondent on the ground that final decree is yet to be passed in the suit. In the considered view of this Court, the reason assigned by the respondent is unsustainable. A preliminary decree passed by the competent civil Court can always be registered by the Sub-Registrar and it has to be entertained subject to the condition that necessary registration fees is paid.
4. In view of the above, the impugned refusal check slip issued by the respondent dated 04.02.2025 is hereby quashed and there shall be a direction to the respondent to register the preliminary decree passed in 2/4
O.S.No.43 of 2019, dated 11.09.2024, if it is otherwise in order. In the result, this writ petition is allowed with the above direction. No costs. Consequently, connected miscellaneous petition is closed.
08.04.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To Sub Registrar Officer Avinasi, Tiruppur District N.ANAND VENKATESH, J 3/4
gm 08.04.2025 4/4