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Madras High CourtWP(MD)/17007/2024allowed

Jaisankar v. The District Registrar

2024-07-25Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Jaisankar ... Petitioner Vs.

1.The District Registrar, Pudukkottai District, Pudukkottai.

2.The Sub Registrar, Gandarvakottai, Gandarvakottai Taluk, Pudukkottai District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order in Refusal Number. RFL/Gandharvakottai/2/2024, dated 24.01.2024, on the file of the second respondent and quash the same as illegal and consequently direct the second respondent to register the Certified Copy of the Decree and Judgement dated 18.04.2023 made in Second Appeal No. 854 of 2003 on the file of this Court.

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For Petitioner : Mr.K.C.Maniyarasu For Respondents : Mr.B.Saravanan Additional Government Pleader

ORDER

Heard both sides.

2.The petitioner approached the second respondent for registering the petition mentioned judgment and decree. Citing the circular issued by the Inspector General of Registration, registration was refused. Challenging the same, the present writ petition came to be filed. 3.The issue raised in the writ petition is no longer res integra. The issue stands concluded vide order dated 05.01.2024 in W.P.No.36564 of 2023 (P.Vasantha Kumari Vs The Joint Sub Registrar-1, Udhagamandalam, The Nilgiris ). Respectively applying the said ratio, I set aside the impugned refusal check slip.

4.The petitioner is permitted to re-present the judgment and decree. It shall be registered by the second respondent subject to the fulfilment of the other usual formalities.

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5.This writ petition is allowed accordingly. There shall be no order as to costs.

25.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To 1.The District Registrar, Pudukkottai District, Pudukkottai.

2.The Sub Registrar, Gandarvakottai, Gandarvakottai Taluk, Pudukkottai District.

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G.R.SWAMINATHAN,J.

MGA 25.07.2024 4/4