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Madras High CourtWP/33675/2018disposed of with direction

T.Paramasivan v. The Inspector General Of Registration

2025-09-16Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.09.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI T.Paramasivan ... Petitioner Vs.

1 The Inspector General of Registration, Department of Registration, Santhome, Chennai - 600 004.

2 The Sub-Registrar Mylapore Registration Office, Santhome Chennai - 600 004.

3 A.Balasubramanian 4 M.K.Kamala ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to register the decree in OS.No.12455 of 2010 dated 11.09.2013 and further direct to remove the necessary entries with regard to mortgage deed in Doc.No.2120/99 and the sale deed in Doc.No.1876/2005. For Petitioner : Mr.P.Raja For Respondents : Mr.R.Sasikumar for R1 and R2 Government Advocate R3 - Died (steps due to bring LRs) R4 - No Appearance 1/4

O R D E R

This writ petition has been filed seeking issuance of Writ of Mandamus directing the second respondent to register the decree in OS.No.12455 of 2010 dated 11.09.2013 and further direct to remove the necessary entries with regard to mortgage deed in Doc.No.2120/99 and the sale deed in Doc.No.1876/2005. 2.The learned counsel appearing for the petitioner submitted that for entry in book no.1, the petitioner made representation to the official respondents, however the same was not considered. The learned counsel further submitted that the second respondent has filed counter affidavit and in paragraph no.

4 of the counter affidavit, it is stated that the petitioner may now present the copy of the decree and the respondent is ready and willing to register the said copy of decree, provided that there is no other bar prescribed in the Circular of the first respondent dated 27.02.2023. Hence this Court may issue direction to the second respondent to register the decree in OS.No.12455 of 2010 dated 11.09.2013 and further direct to remove the necessary entries with regard to mortgage deed in Doc.No.2120/99 and the sale deed in Doc.No.1876/2005.

3.In paragraph no.4 of the counter affidavit, the second respondent has stated that the first respondent has issued Circular in No.34930/C1/2019 dated 27.02.2023 directing the Sub Registrars to register the copy of the decree even after a lapse of four months prescribed under Section 23 of the Registration Act, 1908 subject to certain conditions. Hence the petitioner may now present the copy of the decree and the respondent is ready and willing to register the said copy of decree, provided that there is no other bar prescribed in the Circular of the first respondent dated 27.02.2023. 4.In view of the above, this Court directs the second respondent to register the decree in OS.No.12455 of 2010 dated 11.09.2013 and to remove the necessary entries with regard to mortgage deed in Doc.No.2120/99 and the sale deed in Doc.No.1876/2005, if there is no other bar prescribed in the Circular of the first respondent dated 27.02.2023.

5.The writ petition is disposed of. No costs. 16.09.2025 pri 3/4

Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No M.DHANDAPANI,J.

pri To 1 The Inspector General of Registration, Department of Registration, Santhome, Chennai - 600 004.

2 The Sub-Registrar, Mylapore Registration Office, Santhome, Chennai - 600 004.

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