Seenivasan v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR Seenivasan .. Petitioner

Versus

1. The Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalaipuram, Chennai - 28.

2. The District Registrar, Dharmapuri District.

3. The Joint Sub Registrar - I, Office of the Sub Registrar, Dharmapuri.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned Order dated 02.04.2024 bearing refusal number : RFL/Dharmapuri Joint I/11/2024 on the file of the third respondent, quash the same and consequently, direct the third respondent to register the compromise decree presented by the petitioner within a stipulated time as fixed by this Court.

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For Petitioner : Mr.S.Velmurugan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

ORDER

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This writ petition is filed to quash the impugned Order dated 02.04.2024 bearing refusal number : RFL/Dharmapuri Joint I/11/2024 on the file of the third respondent and consequently, direct the third respondent to register the compromise decree presented by the petitioner within a stipulated time as fixed by this Court.

3. Heard learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.

4. It is the contention of the learned counsel for the petitioner that when the compromise decree dated 01.11.2023 passed in O.S.No.213 of 2021 on the file of the Principal District Court, Dharmapuri was presented for registration, 2/5

the same has been refused to be registered on the ground that the approval of the plots have not been obtained and after obtaining the approval, the document can be presented for registration. Challenging the same, the present Writ Petition has been filed.

5. I have perused entire materials available on record. What was allotted to the petitioner in partition is an agricultural land. At an event, when the decree is sought to be registered, at this stage, whether the property is a plot or not, cannot be gone into and the decree of the Court has to be registered as per section 23 of the Registration Act. In such view of the matter, the refusal slip of the third respondent has to be quashed.

6. Accordingly, this Writ Petition is allowed and the refusal slip of the third respondent dated 02.04.2024 stands quashed and the third respondent is directed to register the compromise decree dated 01.11.2023 presented by the petitioners within a period of one month from the date of receipt of a copy of this Order. No costs.

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Internet :Yes/No : Yes/No To,

1. The Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalaipuram, Chennai - 28.

2. The District Registrar, Dharmapuri District.

3. The Joint Sub Registrar - I, Office of the Sub Registrar, Dharmapuri.

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N. SATHISH KUMAR , J.

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