Manickam v. The Inspector Of Registration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.05.2025
CORAM
THE HONOURABLE MR.JUSTICE P.B.BALAJI and W.M.P(MD)No.10192 of 2025 Manickam ... Petitioner Vs 1.The Inspector General of Registration, Door No.100, Santhome High Road, Foreshore Estate, Pattinapakkam, Chennai - 600 028.
2.The District Registrar (Administration), Madurai North, Madurai District.
3.The Sub Registrar, Chettikulam, Madurai North, Madurai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned letter dated 16.04.2025 in Na.Ka.No. 1439/Aa1/2025 sent by the second respondent to the third respondent and quash the same and consequentially to direct the third respondent to register the decree dated 03.12.1986 in O.S.No.205 of 1979 on the file of 1/5
the Principal Subordinate Court, Madurai and the decree dated 18.07.2002 passed in A.S.No.502 of 1987 by the High Court of Madras in respect of the subject properties in Survey Nos.47/1 and 48/1, Thiruppalai Village, Madurai North Taluk, Madurai District. For Petitioner : Mr.J.Barathan For Respondents : Mrs.S.Jeya Priya Government Advocate
ORDER
Mrs.S.Jeya Priya, learned Government Advocate takes notice on behalf of the respondents.
2.The petitioner seeks to quash the order of the second respondent dated 16.04.2025 and consequently, a direction to the third respondent to register decree dated 03.12.1996 in O.S.No.205 of 1979 on the file of the Principal Subordinate Court, Madurai and the decree dated 18.07.2002 in A.S.No.502 of 1987 passed by this Court in respect of the lands in Survey Nos.47/1 and 48/1, Thiruppalai Village, Madurai North Taluk.
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3.The only ground of rejection cited by the second respondent is that there is no reference in the order regarding alienation of the properties made by the other parties to the lis. It is not the concern of the registering authority as to what relief has been granted by the competent civil Court. As long as a party to the lis desires the said decree to be registered and reflected in the encumbrance for the purpose of preventing multiplicity of proceedings, it is the requirement of the registering authorities to positively act on such a request, subject to the applicant remitting the necessary charges.
4.In the light of the above, the impugned order passed by the second respondent dated 16.04.2025 is set aside. The third respondent is directed to register the decree dated 03.12.1996 in O.S.No.205 of 1979 on the file of the Principal Subordinate Court, Madurai and the decree dated 18.07.2002 in A.S.No.502 of 1987 passed by this Court on payment of necessary registration charges, within a period of four weeks from the date of receipt of a copy of this order. 3/5
5.The writ petition is allowed with the above observations and directions. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.
08.05.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps To 1.The Inspector General of Registration, Door No.100, Santhome High Road, Foreshore Estate, Pattinapakkam, Chennai - 600 028.
2.The District Registrar (Administration), Madurai North, Madurai District.
3.The Sub Registrar, Chettikulam, Madurai North, Madurai District.
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P.B.BALAJI, J.
ps Order made in 08.05.2025 5/5