The Sub Registrar, v. T.S.Nellainayagam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE D. BHARATHA CHAKRAVARTHY and C.M.P.(MD) No.443 of 2024 The Sub Registrar, Sub Registrar Office, Parkit Managaram, Palayamkottai, Tirunelveli District.

(Now Sub Registrar (Guideline) O/o. The District Registrar, Palayamkottai, Tirunelveli Dt.) ... Applicant Vs.

1.T.S.Nellainayagam 2.The District Registrar, Tirunelveli District, Tirunelveli.

3.K.Mandramoorthi ... Respondents

Prayer : Review Application filed under Order 47 Rule 1 and 2 read with Section 114 of Code of Civil Procedure to review the order dated 29.09.2023 made in W.A.(MD) No.1609 of 2023.

For Applicant :

Mr.Veerakathiravan Additional Advocate General

O R D E R

(Order of the Court was made by S.S. SUNDAR, J.) (Through video conferencing) This Review Application is filed by the appellant in the Writ Appeal in W.A.(MD) No.1609 of 2023 to review the order, dated 29.09.2023, passed by this Court in the Writ Appeal.

2.Learned Additional Advocate General appearing for the review applicant has confined his arguments only with regard to the cost imposed on the review applicant vide order dated 29.09.2023 passed in the Writ Appeal.

3.Though the learned Additional Advocate General is unable to justify the conduct of the review applicant, the Sub-Registrar, who has refused to register the document for reasons which are not akin to the settled principles of law, the learned Additional Advocate General expressed serious concern, as the imposition of cost may affect the career of the review applicant. The request of the learned Additional Advocate General is that, instead of cost, the amount payable by the review applicant may be in the form of donation and the order of this Court may be modified suitably.

4.Having regard to the submissions made by the learned Additional Advocate General, the direction regarding payment of Rs.20,000/- by the review applicant, found at Para No.4(ii) of the order, dated 29.09.2023, in W.A. (MD) No.1609 of 2023, is deleted. However, the submission of the learned Additional Advocate General that the review applicant will donate a sum of Rs. 20,000/- to the Kalaignar Centenary Library, is recorded.

5.With the above modification, this Review Application is closed. No costs. Consequently, connected miscellaneous petition is closed. 6.Post the matter for reporting compliance on 19.02.2024. (S.S.S.R., J.) (D.B.C., J.) 29.01.2024 mkn Internet : Yes Index : Yes / No To The District Registrar, Tirunelveli District, Tirunelveli.

S.S. SUNDAR , J.

and D. BHARATHA CHAKRAVARTHY , J.

mkn 29.01.2024