Madras High CourtWP(MD)/3602/2022disposed of

Nirmala@ Hebsibai v. The Sub Registrar

2022-02-25Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Nirmala @ Hebsibai .. Petitioner Vs The Sub Registrar, Sub Registrar Office, Nagercoil, Kanniyakumari District.

.. Respondent PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to register the Lok Adalat award in O.S.No.219 of 2010, passed by Principal Sub Court, Nagercoil, dated 20.08.2016, in respect of the petitioner's property situated in Old Sy.No.1421 corelated to P8/68, 69 & 70 of Nagercoil Village, having an extent of 10 3⁄4 cents. For Petitioner : Mr.A.Balakrishnan For Respondent : Mr.J.John Rajadurai Government Advocate Mr.P.Raja for proposed impleading petitioner (petition not filed)

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondent to register the Lok Adalat Award in O.S.No.219 of 2010, passed by the Principal Sub Judge, Nagercoil, dated 20.08.2016, in respect of the property situated in Old Sy.No.1421 correlated to P8/68, 69 & 70 of Nagercoil Village, having an extent of 103⁄4 cents and pass orders, within a time frame to be fixed by this Court based on the petitioner's representation, dated 23.11.2021.

2.It is the case of the petitioner that under the aforementioned Lok Adalat Award, the petitioner became the absolute owner of the aforementioned property. He seeks for registering the Lok Adalat Award passed by the learned Principal Sub Judge, Nagercoil in O.S.No.219 of 2010 dated 20.08.2016. He has given a representation on 23.11.2021 to the respondent for the said purpose. Since the same has not been considered, he has filed this writ petition.

3.Heard Mr.A.Balakrishnan, learned counsel for the petitioner, 1/3

Mr.J.John Rajadurai, learned Government Advocate, who accepts notice on behalf of the respondent and Mr.P.Raja, learned counsel, who appeared through video conferencing on behalf of his client namely Mr.Ramachandra Rao, who is a lessee under the Trust by name Adhima Munivar Velayutha Panickar Madam Trust.

4.Mr.P.Raja, learned Counsel proposes to file an impleading application as his client is a necessary party, due to the fact that a litigation is pending over the very same property and his client is a party to the said litigation. He submits that his client has already filed protest petition on 18.10.2021 before the concerned Sub Registrar's Office. The said statement is recorded. 5.No prejudice will be caused to the respondent, if the petitioner's representation dated 23.11.2021, seeking for registration of the aforementioned Lok Adalat Award is considered on merits and in accordance with law, after affording a fair hearing to the petitioner as well as the said Mr.Ramachandra Rao and any other interested party whom the respondent deem fit to enquire and thereafter pass final orders, within a time frame to be fixed by this Court.

6.Accordingly, this Court directs that respondent to consider the petitioner's representation dated 23.11.2021, requesting the respondent to register the Lok Adalat Award in O.S.No.219 of 2010 passed by the Principal Sub Judge, Nagercoil dated 20.08.2016 in respect of the petitioner's property situated in Old Sy.No.1421 correlated to P8/68, 69 & 70 of Nagercoil Village, having an extent of 103⁄4 cents and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and the said Mr.Ramachandra Rao, who claims to be the lessee under the Adhimamunivar Velayutha Panickar Madam Trust and any other necessary party, the respondent deems fit to enquire and pass final orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. 7.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CRL) // True Copy // / /2022 Sub Assistant Registrar(CS) TM 2/3

Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To 1.The Sub Registrar, Sub Registrar Office, Nagercoil, Kanniyakumari District.

2.The Principal Sub Judge, Nagercoil.

+1 CC to M/s.SPL GP ( SR-9230[F] dated 01/03/2022 ) 25.02.2022 RD(10.03.2022) 3P 4C 3/3