M/S.Codissia Industrial Park Limited v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR M/s.Codissia Industrial Park Limited., Rep. by its Director, K.Ramesh, Having Registered Office at Codissia G.D.Naidu Towers, Hozur Road, Coimbatore 641 018.

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Petitioner versus The Sub-Registrar, Annur, Sulur Taluk, Coimbatore District.

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Respondent Prayer: Writ Petition 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 proceeding vide Refusal No.RFL/Annur/72/2024, dated 21.06.2024, on the file of the respondent, quash the same and consequently direct the respondent to register order dated 18.12.2023 passed in C.R.P.No.3722 of 2023 on the file of this Court and release the document to the petitioner.

For Petitioner :

Mr.R.Bharath Kumar For Respondent :

Mr.M.Shajahan Special Government Pleader 1/6

O R D E R

By consent of both sides, this Writ Petition is disposed of at the stage of admission itself.

2.

This Writ Petition is filed to quash the Refusal Check Slip in Refusal Number : RFL/Annur/72/2024, dated 21.06.2024 and consequently direct the respondent to register the same.

3.

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

4.

It is the grievance of the petitioner that when the petitioner presented the order of this Court dated 18.12.2023 passed in C.R.P.No.3722 of 2023, the same was refused by the Sub-Registrar on the ground that the details had not been given with regard to the property. 5.

It is relevant to note that, based on the compromise entered into between the respondents, Lok Adalat award has been passed. Challenging 2/6

the very Lok Adalat award, Civil Revision Petition filed before this Court. This Court has held that the award was obtained fraudulently and set aside the award. When the order of this Court sought to be registered before the authorities, the same was refused, which is nothing but non-application of mind and disrespect to the order of the High Court. In fact, for issuing such an order, the concerned Sub-Registrar will be prosecuted for contempt of Court.

6.

Considering the above, when the order of this Court sought to be registered, the registering authority could not act as an appellate authority, such an act itself is nothing but clear contempt. If such things are repeated, this Court has no other option except to initiate contempt proceedings. A copy of this order shall be forwarded to the Inspector General of Registration for appropriate action against the concerned Sub Registrar for disobeying the order of the High Court. 7.

Such view of the matter, the Refusal Check Slip in Refusal Number : RFL/Annur/72/2024, dated 21.06.2024 issued by the respondent is set aside. The respondent is directed to register the order of this Court 3/6

dated 18.12.2023 passed in C.R.P.No.3722 of 2023 within a period of one week from the date of receipt of a copy of this order. 8.

With the above directions, this Writ Petition is allowed. No costs.

15.07.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri 4/6

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

2.The Sub-Registrar, Annur, Sulur Taluk, Coimbatore District.

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N.SATHISH KUMAR , J.

sri 15.07.2024 6/6