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Madras High CourtWP(MD)/13685/2022allowed

Balamurugan v. The Sub Registrar

2022-08-03Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Balamurugan ... Petitioner Vs.

The Sub Registrar, Tenkasi Joint II, Tenkasi District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records of the impugned Refusal Check Slip issued by the respondent in Refusal Number. RFL/2 Joint Sub Registrar, Tenkasi /47/2022 dated 16.06.2022 and quash the same as illegal and consequently direct the respondent to register the Lok Adalat Award dated 20.11.2018 passed in Lok Adalat Case No.581/2018 in O.S.No.399 of 2018 on the file Principal Subordinate Court, Tenkasi submitted by the petitioner within a time frame fixed by this Court. For Petitioner : Mr.R.J.Karthick For Respondent : Mr.K.S.Selvaganesan, Addl. Government Pleader.

ORDER

Heard the learned counsel on either side.

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2.The petitioner presented the petition mentioned Lok Adalat award for registration. On the ground that it has been belatedly presented, the respondent refused to register the same. The impugned refusal check slip is put to challenge in this writ petition.

3.The issue raised in the writ petition is squarely covered by more than one decision of this Court. The learned counsel for the petitioner has enclosed a copy of the judgment of the Hon'ble Division Bench reported in 2019 3 MLJ 517 (S.Sarvothman Vs. The Sub Registrar, Pondicherry). The Hon'ble Division Bench held that the time limit stipulated under Section 23 of the Registration Act will have no application to a Court decree. Respectfully applying the said ratio, the impugned refusal check slip is quashed and the writ petition is allowed. The petitioner is permitted to re-present the petition mentioned Lok Adalat award. The respondent shall receive the same and register it and release the same subject to fulfilment of usual formalities. No costs.

03.08.2022 Index : Yes / No Internet : Yes/ No ias 2/4

To:- The Sub Registrar, Tenkasi Joint II, Tenkasi District.

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G.R.SWAMINATHAN, J.

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