Francis, v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.07.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.2625 of 2017 Francis ... Petitioner Vs.

The Sub Registrar, Panruti, Cuddalore Taluk, Cuddalore District.

... Respondents Petition filed under Article 226 of the Constitution of India for issuing a writ of mandamus directing the respondent to rectify the defects in document registered as No.1767/2015 dated 25.03.2015 with the respondent and register the Rectification Deed and consequently pay petitioner suitable damages.

For Petitioner : Mr.R.Gururaj For Respondent :Mr.P.P.Purushothaman, Government Advocate

O R D E R

The petitioner has filed the above Writ Petition to issue a Writ of Mandamus directing the respondent to rectify the defects in document registered as No.1767/2015 dated 25.03.2015 with the respondent and register the Rectification Deed and consequently pay petitioner suitable damages. 2.Mr.R.Gururaj, learned counsel appearing for the petitioner submitted that while registering the document with the respondent, few pages in the final decree and Commissioner's report were missing, hence, sought for registration of the documents in a proper manner. 3.When the matter came up for hearing on 14.07.2020, Mr.P.P.Purushothaman, learned Government Advocate appearing for the respondent submitted that in the event of the petitioner producing the copy of the final decree along with the Advocate Commissioner's report which were presented for registration on 25.03.2015 before the District Registrar, the District Registrar would pass necessary orders directing the respondent to register the document without raising the issue of limitation.

4.Pursuant to the order dated 14.07.2020, the District https://hcservices.ecourts.gov.in/hcservices/

Registrar, Cuddalore has passed an order dated 28.07.2020, marking a copy to the petitioner, stating that in the event of the petitioner producing the documents sought to be marked before the District Registrar, Cuddalore, having their office at No.50, Sankara Naidu Street, Thirupathiripuliyur, Cuddalore - 607 002, the same would be registered by the Sub Registrar, Panruti without raising any issue.

5.Mr.P.P.Purushothaman, learned Government Advocate, while re-iterating the stand of the District Registrar, Cuddalore, also submitted that in the event of the petitioner producing the documents sought to be registered before the District Registrar, as stated above, the same would be registered by the Sub Registrar, Panruti. The learned Government Advocate submitted that in view of the order passed by the District Registrar, Cuddalore, the Writ Petition may be closed.

6.Mr.R.Gururaj, learned counsel for the petitioner submitted that the petitioner would produce the documents, as stated in the letter dated 28.07.2020, on or before 31.07.2020 and on production of the same, the District Registrar, Cuddalore, may be directed to pass necessary orders for registering the document.

7.Since the District Registrar, Cuddalore passed an order for registering the document, recording the same, the Writ Petition is closed. No costs.

Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar va To The Sub Registrar, Panruti, Cuddalore Taluk, Cuddalore District.

+1cc to the Government Pleader, S.R.No. 25627 W.P.No.2625 of 2017 RJI(CO) GN(07/08/2020) https://hcservices.ecourts.gov.in/hcservices/