Ramakrishnan v. The District Registrar (Administration)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :13.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.15991 of 2025 Ramakrishnan ... Petitioner vs.

1. The District Registrar (Administration), Tirunelveli District, Tirunelveli.

2. The Sub Registrar, Pettai Sub Registrar Office, Tirunelveli District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the 2nd respondent in RFL/Pettai/17/2025, dated 21.04.2025, quash the same as illegal and violative of the petitioner's right guaranteed under Article 300 and 21 of the constitution of India and consequently direct the 2nd respondent to register the petitioner's judgment and decree dated 28.11.2022 passed in O.S.No.107 of 2022 on the file of the IV Additional District Court, Tirunelveli, within a time frame fixed by this Court.

For Petitioner : Mr.V.Balaji For Respondents : Mr.S.Kameswaran Government Advocate

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the 2nd respondent in RFL/Pettai/17/2025, dated 21.04.2025, quash the same as illegal and violative of the petitioners right guaranteed under Article 300 and 21 of the constitution of India and consequently direct the 2nd respondent to register the petitioner's judgment and decree dated 28.11.2022 passed in O.S.No.107 of 2022 on the file of the IV Additional District Court, Tirunelveli, within a time frame fixed by this Court.

2. The petitioner herein, along with four other persons, namely Sankara Nainar, Bramanayagam, Muthulakshmi, and Nellaiyappan, have filed a suit in O.S. No. 107 of 2022, seeking a

declaration and injunction. The Trial Court granted a declaration and injunction decree in favor of the petitioner/plaintiff.

3. The petitioner approached the 2nd respondent to register the said decree and judgment. However, the 2nd respondent stated that there is a tomb on the property and insisted that the petitioner produce a legal heir certificate.

4. When the petitioner seeks to register the judgment and decree alone, such a direction to produce a legal heir certificate is unnecessary. Therefore, the impugned order passed by the 2nd respondent is liable to be quashed.

5. Accordingly, this writ petition is allowed. The impugned order passed by the 2nd respondent in RFL/Pettai/17/2025, dated 21.04.2025, is hereby quashed. The 2nd respondent is directed to register the judgment and decree dated 28.11.2022, passed in O.S. No. 107 of 2022 on the file of the IV Additional District Court, Tirunelveli, within

six weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

13.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA

To:

1. The District Registrar (Administration), Tirunelveli District, Tirunelveli.

2. The Sub Registrar, Pettai Sub Registrar Office, Tirunelveli District.

S.SRIMATHY , J.

KSA ORDER MADE IN W.P(MD)No.15991 of 2025 DATED :13.06.2025