The Inspector General Of Registration v. Baby

W.A.(MD)No.902 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2021 CORAM :

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.A.(MD) No.902 of 2021 and CMP(MD).No.4050 of 2021

1. The Inspector General of Registration, Door No.100, Santhome High Road, Foreshore Estate, Pattinapakkam, Chennai - 600 028.

2. The Joint Sub Registrar No.1, Madurai North, Integrated Complex of Registration Department, TNAU Nagar, Rajakampeeram, Y.Othakadai, Madurai - 625 107.

... Appellants/Respondents Vs Baby ... Respondent/Petitioner PRAYER: Appeal under Clause 15 of the Letters Patent, against the order dated 26.11.2020, passed in W.P(MD).No.16863 of 2020. Prayer in WP(MD). 16863/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of writ directing the second respondent to register the certified copy of the compromise decree dated 27/04/2014 passed in the appeal in A.S.(MD).No.22 of 2009 on the file of the Madurai Bench of Madras High Court on payment of necessary stamp duty and necessary registration charges and without insisting on the period of limitation under Section 23 of the Registration Act, 1908 For Appellants :

Mr.K.P.Krishnadoss, Special Government Pleader For Respondent :

Mr.J.Barathan https://hcservices.ecourts.gov.in/hcservices/ __________

W.A.(MD)No.902 of 2021

JUDGMENT

[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.] Heard Mr.K.P.Krishnadoss, learned Special Government Pleader appearing for the appellants and Mr.J.Barathan, learned Counsel appearing for the respondent.

2. This appeal filed by the Inspector General of Registration is directed against the order, dated 26.11.2020, passed in W.P(MD). No.16863 of 2020.

3. The learned Writ Court had followed a judgment of the Hon'ble Division Bench of this Court in the case of Sarvothaman vs. Sub-Registrar, Oulgaret, Pondicherry, reported in 2019 (2) CWC 3141 and allowed the writ petition. The appellants have not pointed out any distinguishing features, as to why the said decision is not applicable to the case on hand and the attempt in this appeal is to re-argue the matter, which is not permissible.

4. Thus, we find no grounds to interfere with the order passed by the learned Single Bench. Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn 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.

+1 CC to M/s.SPL GP ( SR-17721[F] dated 27/04/2021 ) +1 CC to M/s.T.R.JEYAPALAM, Advocate ( SR-17834[F] dated 28/04/2021 ) W.A.(MD) No.902 of 2021 26.04.2021 CN(19.05.2021) 2P C3 https://hcservices.ecourts.gov.in/hcservices/ __________