V.Ganesh v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 25.10.2025

CORAM

THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY and W.M.P.No.44838 of 2025 V.Ganesh ... Petitioner Vs.

The Sub-Registrar, Paddapai, Kancheepuram District.

... Respondent Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records on the file of the respondent in proceedings RFL/Padappai/13/2025 dated 21.06.2025 and quash the same as illegal, unconstitutional and without jurisdiction and to consequently direct the third respondent to register the Decree dated 05.04.2024 (pending then as Document No.TP/223195951/2025).

For Petitioner : Mr.Avinash Wadhwani 1/6

For Respondent : Mr.U.Baranidharan, Special Government Pleader

ORDER

The relief sought for in this writ petition is to call for the records on the file of the respondent in proceedings RFL/Padappai/13/2025 dated 21.06.2025 and quash the same as illegal, unconstitutional and without jurisdiction and to consequently direct the third respondent to register the Decree dated 05.04.2024 (pending then as Document No.TP/223195951/2025).

2. Mr.U.Baranidharan, learned Special Government Pleader takes notice on behalf of the respondent. By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.

3. The case of the petitioner is that the petitioner has filed a decree and judgment dated 05.04.2024 passed by this Court in S.A.No.1099 of 2014 before the respondent for registration. However, the respondent 2/6

refused to register the same citing the reason that the survey numbers are not tallied and issued a proceedings RFL/Padappai/13/2025 dated 21.06.2025. Challenging the same, the petitioner has come forward with the present writ petition.

4. Learned counsel for the petitioner would submit that once the matter has attained its finality, the respondent cannot sit on the judgment and question about the survey numbers mentioned in the judgment and decree and he is bound to register the documents filed by the petitioner.

5. Learned Special Government Pleader appearing for the respondent would submit that since the survey number varies, there is a difficulties in registering the same. However, if this Court passes any appropriate order, the same will be complied by the respondent.

6. Heard the learned counsel on either side and perused the materials available on record.

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7. I find force in the submission made by the learned counsel for the petitioner. Once the judgment and decree is passed by any Court of this Country, the respondent cannot sit on that and question about the survey number etc,. Whatever the survey numbers are mentioned, the respondent has to mention the same in the book and register the same. Such being the case, this Court finds serious fault in the decision making process on the part of the second respondent.

8. In view of the foregoing reason, the impugned order passed by the respondent in RFL/Padappai/13/2025 dated 21.06.2025 is not sustainable and the same is liable to be set aside. Accordingly, the said order is set aside. Consequently, this Court directs the respondent to register the judgment and decree dated 05.04.2024 in S.A.No.1099 of 2014, immediately upon the re-presentation of the same by the petitioner.

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Accordingly, this writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is also closed. 25.10.2025 Speaking/Non-speaking order Index : Yes / No vm To The Sub-Registrar, Paddapai, Kancheepuram District.

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KRISHNAN RAMASAMY.J., vm 25.10.2025 6/6