Madras High CourtWP(MD)/17246/2021disposed of

Dhanapal v. The Sub Registrar

2021-09-24Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

W.P(MD)No.17246 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)No.17246 of 2021 Dhanapal ... Petitioner Vs.

The Sub Registrar, Karur West (Mela Karur) Sub Registrar Office, Karur Town, Karur District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to register the certified copy of decree dated 17.07.2019 passed in the suit in O.S.No.479 of 2018 on the file of the learned Principal Sub Judge, Karur.

For Petitioner : Mr.S.Deenadhayalan For Respondent : Mr.P.Subbaraj Counsel for State

ORDER

The petitioner seeks a direction for the registration of a certified copy of the decree dated 17.07.2019 in O.S.No.479 of 2018. 2.The petitioner states that O.S.No.479 of 2018 was filed before the learned Principal Sub Judge, Karur, seeking the relief of partition. The said suit was disposed of by a judgment and decree which recorded a compromise between the parties. The petitioner approached the jurisdictional Sub Registrar for the registration of the said decree. The petitioner alleges that the Sub Registrar concerned returned the document by stating that the District Revenue Officer, Karur, had initiated proceedings in Na.Ka.No.A1/4134/2019, dated 10.09.2019 in respect of the relevant survey number. Therefore, the petitioner was orally informed that no document would be registered in respect of the relevant survey number. The petitioner states that he applied for and obtained a copy of the above mentioned proceedings dated 10.09.2019. The present writ petition is filed seeking a direction for the registration of the certified copy of the decree.

3.The Registration authorities are tasked with a statutory obligation to receive documents for registration and either register https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.17246 of 2021 the said documents or indicate the reasons to refuse registration thereof. In the case at hand, the allegation of the petitioner is that the respondent neither registered the document nor issued a written communication indicating the reasons for refusal to do so. 4.Accordingly, without entering any findings on the merits of the dispute, the petitioner is permitted to resubmit the certified copy of the decree dated 17.07.2019 in O.S.No.479 of 2018 for registration. The petitioner shall resubmit the relevant document within a period of two (2) weeks from the date of receipt of a copy of this order. Upon such re-submission, the respondent is directed to consider the request for registration and either register the document or issue a reasoned order indicating the reasons for refusal to do so. In any case, the entire exercise shall be completed within a period of two (2) months from the date of receipt of a copy of this order.

5.W.P.(MD)No.17246 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (AD I) // True Copy // / /2021 Sub Assistant Registrar(CS) Sji Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Principal Sub Judge, Karur.

2.The Sub Registrar, Karur West (Mela Karur) Sub Registrar Office, Karur Town, Karur District.

+1 CC to M/s.S.DEENADHAYALAN, Advocate ( SR-30530[F] dated 28/09/2021 ) +1 CC to M/s.SPL.GP ( SR-30320[F] dated 27/09/2021 ) W.P(MD)No.17246 of 2021 24.09.2021 MGJ(06.10.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2