A.K.Murugesan v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.08.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.

25078 of 2023 A.K.Murugesan ... Petitioner Vs.

The Sub Registrar, Office of the Sub Registrar, Rasipuram, Namakkal.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records relating to the impugned refusal check slip in No.RFL/Rasipuram/78/2023, dated 19.04.2023, issued by the respondent herein and quash the same and further directing the respondent to register the said Judgement and decree in R.E.A.No.107 of 2008 in R.E.P.No.37 of 2005 in O.S.No.475 of 2002, dated 19.07.2012, which was presented on 19.04.2023. For Petitioner : Mr.S.Saravanakumar For Respondent : Mr.G.Krishna Raja, Additional Government Pleader

O R D E R

The impugned refusal check slip issued by the respondent in proceedings, dated 19.04.2023 is sought to be quashed in the present writ petition.

2. The petitioner states that he had presented a judgement and decree made in R.E.A.No.107 of 2008 in R.E.P.No.37 of 2005 in O.S.No.475 of 2002, for registration before the respondent on 19.04.2023. The respondent returned the document along with the impugned check slip by stating that as per the circular issued by the Inspector General of Registration, the judgement and decree cannot be registered. The circular issued by the Inspector General of Registration has been misinterpreted by the Sub Registrar, in the present case.

3. There is no impediment for registering the judgement and decree under the provisions of the Registration Act. More so, the respondent has not assigned the reasons in the impugned order and merely citing the circular issued by the Inspector General of Registration, the impugned order has been passed which cannot be sustained. Since there is no impediment for

registering the judgement and decree, the petitioner is entitled for the relief.

4. Accordingly, the impugned refusal check slip issued by the respondent in proceedings No.RFL/Rasipuram/78/2023, dated 19.04.2023 is quashed. The respondent is directed to proceed with the registration by following the procedures and complete the same within a period of four (4) weeks from the date of receipt of a copy of this order. Accordingly, the writ petition stands allowed. No costs.

24.08.2023 nl/mkn-ii Index : Yes Speaking order To The Sub Registrar, Office of the Sub Registrar, Rasipuram, Namakkal.

S.M.SUBRAMANIAM, J.

nl/mkn-ii W.P.No.

25078 of 2023 24.08.2023