S.P.Balasubramanian v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :17.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD).12362 of 2025 S.P.Balasubramanian ... Petitioner vs.

The Sub Registrar, Thirumayam Sub Registrar Office, Pudukottai District.

...Respondent

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to quash the records pertaining to the impugned proceedings bearing Na.Ka.No.207/2025 dated 02.05.2025 on the file of the respondents and consequently to direct the respondent to register the decree and Judgement delivered in favour of the petitioner in O.S.No.204 of 2011 dated 25.04.2023 on the file of the learned district Munsif cum Judicial Magistrate Court, Thirumayam. For Petitioner : Mr.R.Shankar Ganesh For Respondent : Mr.G.Suriya Ananth Additional Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus to quash the records pertaining to the impugned 1/4

proceedings dated 02.05.2025 on the file of the respondent and consequential direction to the respondent to register the decree and Judgement delivered in favour of the petitioner in O.S.No.204 of 2011 dated 25.04.2023 on the file of the learned District Munsif cum Judicial Magistrate Court, Thirumayam.

2. The refusal slip states that the earlier document was not produced. However, the petitioner has submitted a sale deed executed in the year 1963 before the respondent. Nevertheless, the petitioner has not produced the original judgment and decree.

3. For all these reasons, the respondent has refused to register the judgment and decree. Additionally, there is an objection regarding the lack of a proper recital identifying the property.

4. The learned counsel appearing for the petitioner submitted that, except for the non-submission of the original copy of the judgment and decree, the remaining reasons cited are erroneous. The petitioner has already clarified that he is in possession of the 1963 document, which is in his favour. Furthermore, the judgment and decree clearly describe the property in a manner sufficient for its identification. Therefore, this Court is inclined to entertain the writ petition. . 2/4

5. Accordingly, this writ petition is allowed. The impugned check refusal slip dated 02.05.2025 is hereby quashed, except with respect to the requirement for production of the original judgment and decree before the respondent. The petitioner is directed to produce the original judgment and decree before the respondent within a period of two weeks from the date of receipt of a copy of the order. On such receipt, the respondent is directed to register the document, within a period of four weeks, thereafter. No Costs. Consequently, connected miscellaneous petition is closed.

6. With the above observations, this Writ Petition is allowed. Connected Miscellaneous Petition is closed. There shall be no order as to costs. 17.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA To:

The Sub Registrar, Thirumayam Sub Registrar Office, Pudukottai District.

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S.SRIMATHY , J.

KSA ORDER MADE IN DATED :17.06.2025 4/4