D.Sivamani v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM D.Sivamani

...Petitioner

Vs.

The Sub-Registrar, Singanallur Sub-Registration Office, Singanallur, Coimbatore - 641 005.

...Respondent

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to register the certified copy of the award dated 22.04.2022 passed in Lok Adalat Case No.308 of 2022 on the file of the District Legal Services Committee, Coimbatore [O.S.No.1014 of 2021] on the file of the IV Additional District Judge, Coimbatore] on the basis of the letter dated 23.08.2022 within a time frame fixed by this Court.

For Petitioner : Mrs.Elizabeth Ravi For Respondent : Mr.G.Krishna Raja Additional Government Pleader.

ORDER

The writ petition has been instituted seeking relief to direct the respondent to register the certified copy of the Lok Adalat Award dated 22.04.2022 passed in Case No.308 of 2022.

2.A civil suit in O.S.No.1014 of 2021 was instituted by the petitioner for the relief of specific performance and the parties have compromised the issues and accordingly, the Lok Adalat accepted the compromise and passed an award on 22.04.2022. The Lot Adalat award was passed under the provisions of the Legal Services Authorities Act. 3.The grievances of the petitioner is that the reason for returning the Lok Adalat award is unconnected with the petitioner and he is no way connected with the Will or any other forged document and the suit was instituted for specific performance which ended with compromise. Even in such circumstances, the registering authority is incompetent and not empowered to adjudicate the civil dispute between the parties. 4.The instructions furnished by the learned Additional Government

Pleader reveals that the stand of the registering authority is not in consonance with the provisions of the Registration Act.

5.The Lok Adalat award presented for registration, if is otherwise in consonance with the provisions of the Registration Act must be registered and in the present case, the reasons furnished by the Sub-Registrar in his written instructions vide letter dated 21.08.2023 is neither candid nor convincing. Accordingly, the respondent is directed to register the Lok Adalat award presented by the writ petitioner and register the same by following the procedures as contemplated within a period of four weeks from the date of receipt of a copy of this order.

6.Accordingly, the writ petition stands allowed. No costs. 22.08.2023 cse Index:Yes/No Speaking order/Non-Speaking Order

S.M.SUBRAMANIAM, J.

cse To The Sub-Registrar, Singanallur Sub-Registration Office, Singanallur, Coimbatore - 641 005.

22.08.2023