S.Mohan v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN S.Mohan ...

Petitioner Vs The Sub Registrar, Office of the Sub Registrar, Theni, Theni District.

...

Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondent to register the decree and judgment, dated 26.06.2002, passed in O.S.No.248/93 by the District Munsif, Periyakulam.

For Petitioner :

Mr.A.Srinivasan For Respondent : Mr.R.Suresh Kumar, Addl. Govt. Pleader.

ORDER

The petitioner seeks for the following relief : ''Writ of mandamus, directing the respondent to register the decree and judgment, dated 26.06.2002, passed in O.S.No.248/93 by the District Munsif, Periyakulam.''

2. The petitioner's mother one Jeyalakshmi had instituted a suit in O.S.No.248 of 1993 on the file of District Munsif at Periyakulam. She sought for the relief of declaration and recovery of possession. The suit was decreed. Subsequently, the plaintiff Jeyalakshmi passed away. As the decree was not registered by Tmt.Jeyalakshmi, the petitioner, who claims to be her son, came to know that some third parties are attempting to create an interest over the property. Hence, he gave a protest petition with the respondent. He also sought for registration of the document. As the same was not complied with, he has come forward with the present Writ Petition.

3. I have heard Mr.A.Srinivasan for the petitioner and Mr.R.Suresh Kumar for the respondent.

4. When the matter was taken up, Mr.Suresh Kumar stated that the Sub-Registrar has intimated him to the effect that if a certified copy of the judgment and decree in O.S.No.248 of 1993, dated 26.06.2002, on the file of District Munsif, Periyakulam, is presented for registration, he shall register

the same.

5. The instruction given by the Sub-Registrar to Suresh Kumar is taken as an undertaking given by the said Sub-Registrar to this Court.

6. Mr.Srinivasan states that the certified copy of the documents will be presented during the course of next week.

7. The respondent is directed to register the judgment and decree in the aforesaid proceedings on the presentation of a certified copy thereof and issue a copy of the same to the petitioner within a period of two weeks from the date of presentation.

8. Writ Petition is disposed of accordingly. No costs. 25.04.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit To:

The Sub Registrar, Office of the Sub Registrar, Theni,

Theni District.

V.LAKSHMINARAYANAN, J.

dixit 25.04.2025