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Madras High CourtWP(MD)/4454/2024allowed

Subbiah Ambalam v. The Inspector General Of Registration

2024-02-27Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.4454 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.4454 of 2024 Subbiah Ambalam ... Petitioner Vs.

1. The Inspector General of Registration, Santhome High Road, Santhome, Chennai - 28.

2. The District Registrar, Sivagangai District, Sivagangai.

3. The Joint Sub Registrar No.I, Karaikudi, Sivagangai District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned order of refusal passed by the 3rd Respondent in Kurippanai No. 08/2023 dated 04.10.2023 and quash the same as illegal, consequently direct the 3rd Respondent to register the Ex-Parte Judgment and Decree passed by the Learned District Munsif Court, Karaikudi in O.S.No.544 of 2022 dated 05.09.2023 in accordance with law. For Petitioner : Mr.P.Mani Anandh For Respondents : Mr.D.S.Nedunchezhiyan, Government Advocate.

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2 W.P.(MD)NO.4454 OF 2024

O R D E R

Heard both sides.

2. The petitioner wants the petition-mentioned decree to be registered by the third respondent.

3. The petitioner's request was rejected on the ground that it is an ex-parte decree. It has been held more than once by this Court that even an ex-parte decree can be registered.

4. In this view of the matter, the order impugned in this writ petition is set aside. The petitioner is permitted to re-present the document. The third respondent will receive it and register the same subject to fulfilment of the other usual formalities. This writ petition stands allowed. No costs.

27.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 2/3

3 W.P.(MD)NO.4454 OF 2024 To:

1. The Inspector General of Registration, Santhome High Road, Santhome, Chennai - 28.

2. The District Registrar, Sivagangai District, Sivagangai.

3. The Joint Sub Registrar No.I, Karaikudi, Sivagangai District.

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4 W.P.(MD)NO.4454 OF 2024 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.4454 of 2024 27.02.2024 4/3