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Madras High CourtWP/28016/2017allowed

K.Sridharan, v. The Inspector General Of

2021-02-05Honourable Mr Justice S.S. Sundar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2021

CORAM

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR W.P. No. 28016 of 2017 K.Sridharan ... Petitioner Vs

1. The Inspector General of Registration, No.100, Santhome Road, Pattinapakkam, Chennai - 600 028.

2. The District Registrar, Dharmapuri, Dharmapuri District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 15.06.2017 and thereby direct the respondents to register the decree in O.S. No.182 of 2014 dated 16.04.2015 passed by the learned Sub Court, Dharmapuri.

For Petitioner : No appearance For Respondents : Mr. P.P.Purushothaman Government Advocate O R D E R This Writ Petition has been filed for issuance of Writ of Mandamus Writ of Mandamus directing the respondents to consider the petitioner's representation dated 15.06.2017 and thereby direct the respondents to register the decree in O.S. No.182 of 2014 dated 16.04.2015 passed by the learned Sub Court, Dharmapuri.

2. It is stated in the affidavit filed in support of this Writ Petition that the petitioner has filed a suit for partition in O.S. No.182 of 2014 before the Sub-Court, Dharmapuri. The said suit was decreed by a judgment dated 16.04.2015. After getting an ex parte decree for partition, the petitioner has approached the District Registrar, Dharmapuri to register the decree in O.S. No.182 of 2014. Since the petitioner's request was not considered, the petitioner has approached this Court by filing the present Writ Petition.

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3. It is permissible in law to register the decree of the Civil Court. Since the representation of the petitioner dated 15.06.2017 is pending for a long time, this Court is inclined to allow this Writ Petition by directing the respondents to consider the petitioner's representation.

4. The second respondent is directed to consider the representation of the petitioner dated 15.06.2017. Since the decree has to be registered by the Sub-Registrar, the second respondent shall forward a copy of the representation to the Sub-Registrar concerned who shall consider the representation after issuing notice to the interested parties including the petitioner and pass appropriate orders within a reasonable time.

5. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar bkn To

1. The Subordinate Judge, Dharmapuri.

2. The Inspector General of Registration, No.100, Santhome Road, Pattinapakkam, Chennai - 600 028.

3. The District Registrar, Dharmapuri, Dharmapuri District.

+1cc to the Government Pleader SR.No.6661.

W.P. No. 28016 of 2017 PL(CO) CSR 01.04.2021 https://hcservices.ecourts.gov.in/hcservices/