A.Ganesan v. The Deputy Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN M.Ganesan ... Petitioner /Vs./

1. The Deputy Inspector General of Registration, Madurai

2. The District Registrar, Office of the District Registration, Virudhunagar, Virudhunagar District.

3. The Sub Registrar, Office of the Sub Registration, Pandalgudi, Aruppukkottai Taluk, Virudhunagar District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 3rd respondent to receive the decree passed in L.A. Case No. 219 of 2019 in O.S.No. 90 of 2017 on the file of the Sub Court, Sivakasi by the Lok Adalat Committee dated 28.06.2019 and register the same in the Sub Registration Office, Pandalgudi, Aruppukkottai Taluk, Virudhunagar District. 1/4

For Petitioner : Mr.V.R.Venkatesan For Respondents : Mr.M.Sarangan, Addl. Government Pleader

ORDER

This writ petition has been filed seeking for a direction to the third respondent to register the decree passed in LA Case No.219/20199 in O.S.No.90 of 2017 on the file of the Sub Court, Sivakasi dated 28.06.2019.

2. Heard the learned counsel on either side and perused the materials placed before this Court.

3. The petitioner and others filed a suit for partition in O.S.No.90 of 2017 before the Sub Court, Sivakasi. Subsequently, it was referred to Lok Adalat and after the compromise having been entered into between parties, the said suit was decreed before the Lok Adalat by decree dated 28.06.2019 in LA Case No.219/20199 in O.S.No.90 of 2017 on the file of the Sub Court, Sivaksi. As per the decree, the revenue records were also mutated in favour of the petitioner and other shareholders and they 2/4

were issued patta. While being so, the petitioner presented the decree for registration before the third respondent and the petitioner was informed that the decree can be registered, only if it is sent by the concerned Court.

4. Any decree can be registered under the Registration Act, 1908 and it does not require the Court to send the decree. Any certified copy of the decree can be registered by the registering authority.

5. In view of the above, if the petitioner presents the certified copy of the decree passed in LA Case No.219/20199 in O.S.No.90 of 2017 on the file of the Sub Court, Sivakasi dated 28.06.2019, the third respondent is directed to register and release the same, if it is otherwise in order, in the light of the circular issued by the Inspector General of Registration dated 27.02.2023. There shall be no order as to costs. 31.01.2025 Index : Yes / No NCC : Yes / No Sm 3/4

G.K.ILANTHIRAIYAN , J.

Sm TO:-

1. The Deputy Inspector General of Registration, Madurai

2. The District Registrar, Office of the District Registration, Virudhunagar, Virudhunagar District.

3. The Sub Registrar, Office of the Sub Registration, Pandalgudi, Aruppukkottai Taluk, Virudhunagar District.

Order made in Dated:

31.01.2025 4/4