Ms Aurofood Pvt Ltd v. Sub Registrar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2023 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN MS Aurofood Private Limited Rep. by its Managing Director Bpinchandra Manibhai Patel T.C.Palam Post, Vanur Taluk Villupuram District - 605 111 ... Petitioner Vs.

1. Sub Registrar Office of Sub Registrar Vanur Tindivanam Taluk, Villupuram District

2. The District Registrar Office of District Registrar Tindivanam Villupuram Villupuram District ... Respondents Prayer: Writ Petitions are filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus to call for the records of the 1st Respondent in check slip vide Ma.Ku. No.193/2019 dated 22.04.2019 and quash the same as illegal and consequently direct the 1st Respondent to register the Lok Adalat award dated 26.03.2019 bearing LAC No.01/2019 passed by the Vanur Taluk Legal Services Committee D.M. Cum J.M. Court Buildings, Thiruchitrambalam-605 111.

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For Petitioner : Mr.Baskaran T.S For Respondents : Mr.P.Gurunathan Additional Government Pleader

ORDER

The writ petition is filed seeking to issue a writ of Certiorarified Mandamus to call for the records of the 1st Respondent in check slip vide Ma.Ku. No.193/2019 dated 22.04.2019 and quash the same as illegal and consequently direct the 1st Respondent to register the Lok Adalat Award dated 26.03.2019, bearing LAC No.01/2019, passed by the Vanur Taluk Legal Services Committee, D.M-Cum-J.M. Court Buildings, Thiruchitrambalam-605 111.

2. The petitioner is the absolute owner of the land(s) in Patta No.1342 and comprised in Survey No.340/1, Pulichapalam Village, Villupuram District, Vanur Taluk. The petitioner filed a suit in O.S.No.38/2019, on the file of the District Munsif, Vanur, praying for the relief of declaration and permanent injunction in respect of lands comprised in Survey No.340/1, Pulichapalam Village, Villipuram District, Vanur Taluk on the file of the Lok 2/6

Adalat, Vanur. In the said suit, a joint compromise memo was entered into between the plaintiff and the defendant for relief of declaration and permanent injunction. Based on the Joint Compromise Memo dated 26.03.2019, an Award was passed by the Lok Adalat, Vanur. Thereafter, the petitioner made an application dated 22.04.2019 before the 1st respondent, to register the said Award of the Lok Adalat dated 26.03.2019, whereas, the 1st respondent, passed the impugned order, vide MU.KU.No.193/2019, refusing to register the Award of the Lok Adalat questioning the veracity of the Lok Adalat Award and demanding title deed for registration, against which, an appeal was preferred by the petitioner under Section 72 of the Registration Act, 1908, before the 2nd respondent. But the same was not entertained on the ground that the impugned order passed by the 1st respondent is only a check slip and there is no specific order refusing registration. Hence, the petitioner has filed the present writ petition.

3. Heard and perused the materials available on record.

4. It is seen that the said award has been passed in the Lok Adalat. It is settled proposition of law that as per the Legal Services Authority Act, the 3/6

Award passed in the Lok Adalat is deemed to be a decree of a Court of Law.

5. Therefore, the check slip issued by the 1st respondent, vide Ma.Ku. No.193/2019 dated 22.04.2019, is set aside. The 1st respondent is directed to register the Award dated 26.03.2019, bearing LAC No.01/2019, passed by the Vanur Taluk Legal Services Committee, D.M-Cum-J.M. Court Buildings, Thiruchitrambalam-605 111, within two weeks from the date of receipt of a copy of this order.

6. Accordingly, the Writ Petition is allowed. There shall be no order as to the costs.

30.11.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No 4/6

To

1. Sub Registrar Office of Sub Registrar Vanur Tindivanam Taluk, Villupuram District

2. The District Registrar Office of District Registrar Tindivanam Villupuram Villupuram District 5/6

P.VELMURUGAN. J.

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