Ambrose v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2024

CORAM

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN Ambrose ... Petitioner Vs.

1.The District Registrar, District Registrar Office, Dindigul, Dindigul District.

2.The Sub Registrar, Vadamadurai Sub Registrar Office, Vadamadurai, Vedasanthur Taluk, Dindigul District.

... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 2nd respondent to register the certified copy of the decree dated 27.01.2017 passed in the suit in O.S.No.213 of 2010 on the file of the District Munsif cum Judicial Magistrate, Vedasanthur, Dindigul District on payment of registration charges alone without insisting for payment of any stamp duty and without insisting on period of limitation under Section 23 of the Registration Act 1908. For Petitioner : Mr.S.Pugalendhi For Respondents : Mr.S.Shanmugavel Additional Government Pleader 1/4

ORDER

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the 2nd respondent to register the certified copy of the decree dated 27.01.2017 passed in the suit in O.S.No.213 of 2010 on the file of the District Munsif cum Judicial Magistrate, Vedasanthur, Dindigul District on payment of registration charges alone without insisting for payment of any stamp duty and without insisting the period of limitation under Section 23 of the Registration Act, 1908.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The case of the petitioner is that he has filed an application before the respondents to register the decree passed by the learned District Munsif cum Judicial Magistrate, Vedasanthur, Dindigul District in O.S.No.213 of 2010, dated 27.01.2017. But the respondents have returned the document stating that he will get the order from any Court. Hence, the petitioner has filed the present writ petition.

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4. Considering the fact that there is no limitation for registering the Court's decree, this Court, without going into the merits of the case, directs the petitioner to approach the second respondent along with certified copy of the decree dated 27.01.2017 made in O.S.No.213 of 2010 on the file of the District Munsif cum Judicial Magistrate, Vedasanthur, Dindigul District, for registration, within a period of one week from the date of receipt of a copy of this order. On receipt of the same, the second respondent is directed to consider the same and pass appropriate orders on merits and in accordance with law, after issuing notice to all the necessary parties, within a period of three weeks thereafter.

5. This Writ Petition stands disposed of with the above directions. No costs.

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V.BHAVANI SUBBAROYAN , J.

sm To 1.The District Registrar, District Registrar Office, Dindigul, Dindigul District.

2.The Sub Registrar, Vadamadurai Sub Registrar Office, Vadamadurai, Vedasanthur Taluk, Dindigul District.

Order made in Dated:

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