Madras High CourtWP(MD)/8080/2017allowed

K.Arumugam, S/O.Karuppaiah v. The Sub Registrar,

2017-09-11Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2017

CORAM:

THE HON'BLE Mr.JUSTICE K.KALYANASUNDARAM WP(MD)No.8080 of 2017 K.Arumugam ... Petitioner Vs.

The Sub Registrar, Theppakulam, Madurai. ... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondent to register the judgment and decree, dated 10.08.2016 made in O.S.No.93 of 2015 on the file of the District Munsif Court, Madurai Taluk, in respect of the property comprised in R.S.No.97/14, Kalikappan Village, Madurai North Taluk, Madurai District, on the basis of the petitioner representation, dated 20.03.2017.

For Petitioner : Mr.R.G.Shankar Ganesh For Respondent : Mr.C.Selvaraj Special Government Pleader

O R D E R

The petitioner has come up with the present writ petition to direct the respondent to register the judgment and decree, dated 10.08.2016 made in O.S.No.93 of 2015, on the file of the District Munsif Court, Madurai Taluk, in respect of the property comprised in R.S.No.97/14, Kalikappan Village, Madurai North Taluk, Madurai District, on the basis of his representation, dated 20.03.2017. 2.According to the petitioner, his father Karuppiah along with his elder sister Meenakshi Ammal purchased properties in R.S.No.97/14 measuring 2.50 Acres in Kalikappan Village, Madurai North Taluk, Madurai from one M.K.Ramamorthy, vide, registered sale deed, dated 21.09.1965. After their life time, a dispute arose between the legal-heirs with regard to title over the property. The same was decided in O.S.No.93 of 2015 by the District Munsif, Madurai, in the judgment and decree, dated 10.08.2016. The petitioner would further state that against the https://hcservices.ecourts.gov.in/hcservices/

judgment and decree, no appeal was preferred and it has reached finality.

3.The grievance of the petitioner is that the judgment and decree passed in OS.No.93 of 2015 was not registered by the respondent and a representation sent in this regard was also not responded.

4.Heard Mr.R.G.Shankar Ganesh, learned counsel for the petitioner and Mr.C.Selvaraj, learned Special Government Pleader for the respondent and perused the materials available on record. 5.Considering the limited scope of the prayer sought for in this writ petition without going into the merits of the case, this writ petition is disposed of with a direction to the respondent to consider the representation of the petitioner, dated 20.03.2017 and pass appropriate orders purely on merits in accordance with law, after affording opportunity of hearing to the parties concerned, if any, within a period of four weeks from the date of receipt of the order copy. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To 1.The Sub Registrar, Theppakulam, Madurai.

2. The District Munsif, Madurai.

+ 1 cc TO Mr.R.G.Shankar Ganesh , Advocate in SR No. 78214 + 1 cc TO The Special Government Pleader in SR No. 78357 sm/er AE/SKN RSK/SAR2/28.11.2017/2P/5C W.P(MD).No.8080 of 2017 11.09.2017 https://hcservices.ecourts.gov.in/hcservices/