Venkatesappa v. The District Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.11.2022 CORAM :
THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition No.30281 of 2022 Venkatesappa ... Petitioner Vs.
1.The District Registrar, Office of the District Registrar, Thiruvannamalai Road, Krishnagiri Town, Krishnagiri District.
2.The Sub Registrar, Hosur, Krishnagiri District.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the second respondent to register the certified copy of the decree and judgment dated 21.02.2019 passed in O.S.No.208 of 2018 on the file of the Additional District Judge, Hosur on payment of registration charges without insisting on the period of limitation under Section 23 of Registration Act, 1908.
For Petitioner :
Mr.G.M.Ananthakumar Page No.1 of 6
For Respondents :
Mr.E.Vijay Anand, Additional Government Pleader
O R D E R
The petitioner has filed this writ petition seeking for issuance of Writ of Mandamus directing the second respondent to register the certified copy of the decree and judgment dated 21.02.2019 passed in O.S.No.208 of 2018 on the file of the Additional District Judge, Hosur on payment of registration charges without insisting on the period of limitation under Section 23 of Registration Act, 1908.
2. At the consent of both the parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. The case of the petitioner is that the petitioner presented the copy of the certified judgment and decree dated 15.09.2022 passed by the Additional District Judge, Hosur in O.S.No.208 of 2018 and the petitioner has presented the same before the second respondent for registration, however, the second respondent has refused to entertain the said decree for registration holding that there is delay in presenting the decree for registration as per Section 23 of the Page No.2 of 6
Registration Act, 1908. Aggrieved over the same, the petitioner has filed this writ petition.
4. Learned counsel for the petitioner would submit that it would suffice, if this Court issues direction to the second respondent to register the certified copy of the decree and judgment dated 21.02.2019 presented by the petitioner, within a time frame to be fixed by this Court.
5. Learned Additional Government Pleader appearing for the respondents would submit that he has no objection for the said direction being passed by this Court.
6. Heard the learned counsel on either side and perused the materials available on record.
7. Taking into the factual aspects, without going into the merits of the case, this Court issues direction to the second respondent to entertain the certified copy of the decree and judgment dated 21.02.2019 passed in Page No.3 of 6
O.S.No.208 of 2018, within a period of twelve weeks from the date of receipt of a copy of this order, if there is no legal impediment.
8. With the aforesaid direction, this writ petition is closed. No costs. 15.11.2022 vm Index :
Yes/No Speaking Order :
Yes/No To:
1.The District Registrar, Office of the District Registrar, Thiruvannamalai Road, Krishnagiri Town, Krishnagiri District.
2.The Sub Registrar, Hosur, Krishnagiri District.
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M.DHANDAPANI,J.
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