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Madras High CourtWP/13977/2024allowed

V.Vediappan v. The Inspector General Of Registration

2024-05-22Honourable Mr Justice G.R.Swaminathan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.05.2024 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.No.15168 of 2024 V.Vediappan .. Petitioner vs 1.The Inspector General of Registration, Santhome High Road, Santhome, Chennai - 600 004.

2.The District Registrar (Administration), District Registrar's Office, Salai Vinayagar Temple Road, Dharmapuri - 636 701.

3.The Sub-Registrar - 1, Dharmapuri, Dharmapuri.

4.Madammal .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus by calling for entire records pertaining to passing of the impugned order in refusal No.RFL/1, Joint Sub-Registrar I, Dharmapuri/8/2024 dated 26.03.2024 and quash the same consequently direct the 3rd respondent to register the judgment and decree passed in O.S.No.58 of 2021 by District Munsif Court, Dharmapuri in the relevant records / books pertaining to the Survey No.387, Virupatchipuram Village, Dharmapuri Taluk and District within a stipulated time.

For Petitioner :

Mr.C.Umashankar For Respondents :

Mr.B.Vijay, AGP for R1 to R3 1/4

ORDER

Heard both sides.

2. The petitioner presented the petition mentioned court order for registration. The registering authority took the stand that the ex-parte orders cannot be registered. To that effect, the impugned notice was issued. Challenging the same, this writ petition has been filed.

3. It is beyond dispute that the issue raised in this writ petition is covered by order dated 30.03.2024 in W.P.(MD) No. 7057 of 2023 (P.Malarvizhi Vs. The Sub Registrar, Mathagupatti Sub Registrar Office, Sivagangai District).

4. In this view of the matter, the order impugned is set aside. The petitioner is permitted to re-present the petition mentioned judgment and decree, which shall be registered by the third respondent subject to fulfilment of all other usual formalities.

5. Writ petition is allowed. No costs. Connected miscellaneous petition is closed.

22.05.2024 Index:Yes/No ssm/ab 2/4

To 1.The Inspector General of Registration, Santhome High Road, Santhome, Chennai - 600 004.

2.The District Registrar (Administration), District Registrar's Office, Salai Vinayagar Temple Road, Dharmapuri - 636 701.

3.The Sub-Registrar - 1, Dharmapuri, Dharmapuri.

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G.R.SWAMINATHAN,J.

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