Muthusamy.N v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN N.Muthusamy ... Petitioner Vs The Sub-Registrar, Chinnadharapuram Sub-Registrar Office, Chinnadharapuram, Aravakurichi Taluk, Karur District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Refusal Check Slip of the Respondent bearing No.RFL/Chinnadharapuram/23/2022 dated 22.07.2022 and quash the same and consequently, direct the respondent to register the Compromise Decree in O.S. No.540 of 2018 dated 13.07.2019 passed by the Principal Sub-Court, Karur. For Petitioner : Mr.S.Suresh For Respondent : Mr.J.K.Jeyaseelan Government Advocate 1/4

ORDER

Heard the learned counsel on either side.

2. The petitioner wants the petition mentioned compromise decree to be registered by the respondent. Since the decree was presented beyond four months period the respondent declined to register the compromise decree. Hence, the impugned refusal check slip was issued. Challenging the same, this writ petition has been filed.

3. The issue raised in this writ petition is covered by the decision of the Hon'ble Division Bench in W.A.No.336 of 2019 dated 07.02.2019. Respectfully applying the said ratio, the impugned refusal check slip is quashed. The petitioner is permitted to re-present the compromise decree. The respondent shall receive the same, register it and release it subject to the fulfilment of the usual formalities.

4. This writ petition is allowed. No costs.

02.08.2022 Index : Yes / No Internet : Yes/ No mga 2/4

To 1.The Principal Sub-Court, Karur.

2.The Sub-Registrar, Chinnadharapuram Sub-Registrar Office, Chinnadharapuram, Aravakurichi Taluk, Karur District.

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G.R.SWAMINATHAN, J.

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