D.Rajaiah, S/O.Durairaj, v. The Inspector General Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.9065 of 2019 D.Rajaiah ... Petitioner Vs.

1. The Inspector General of Registration, Beach Road, Nungambakkam, Chennai.

2. The Sub Registrar, Sub Registrar Office, Melur, Madurai District.

3. The District Collector, Madurai District, Madurai - 625 020.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to make entry in the encumbrance certificate regarding two clauses of decree dated 03.02.2017 passed in O.S.No.402 of 2011 by the Sub Court, Melur, by considering the petitioner's representation dated 23.01.2019. For Petitioner : Mr.N.Murugesan For Respondents : Mr.M.Murugan, Government Advocate.

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O R D E R

Heard the learned counsel on either side.

2. The petitioner wants to register the petition mentioned decree. The second respondent has declined to register the same on account of lapse of time. The learned Judge of this Court by order dated 26.10.2016 in W.P.(MD) No.2824 of 2013 has held that the time limit set out in Section 23 of the Registration Act 1908 is not mandatory. Therefore, the second respondent is directed to register the petition mentioned decree.

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3. The Writ petition stands allowed, accordingly. No costs. Sd/- Assistant Registrar(AE) // True Copy // Sub Assistant Registrar(CS) pmu To

1. The Inspector General of Registration, Beach Road, Nungambakkam, Chennai.

2. The Sub Registrar, Sub Registrar Office, Melur, Madurai District.

3. The District Collector, Madurai District, Madurai - 625 020.

+1CC TO MR.N.MURUGESAN, Advocate Sr. No.64804 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No.65120 W.P.(MD)No.9065 of 2019 30.04.2019 GRC(CO) TR (17.06.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/