Al Ar Kattalai v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.15544 of 2024 AL AR Kattalai, Rep. by its Trustee, AL AR.SM.Narayanan Chettiar, S/o.Somanathan Chettiar, AL AR Street, Kalaiyar Kovil, Sivagangai District.

... Petitioner Vs.

The Sub Registrar, Kalaiyarkovil Sub Registrar Office, Kalaiyarkovil, Sivagangai District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to call for the records and quash the Refusal Check Slip No. RFL/Kalaiyarkovil/62/2023 issued by the respondent herein dated 10.08.2023 and further direct the respondent herein to register the judgment made in O.S.No. 5 of 2012 on the file of the Sub Court Sivagangai within time frame fixed by this Court. 1/4

For Petitioner : Mr.S.Lakshmanasamy For Respondent : Mrs.D.Farjana Ghoushia Special Government Pleader

ORDER

Heard both sides.

2. The petitioner presented the petition mentioned Judgement and decree on the ground that it is an exparte decree. Registration was refused. Challenging the refusal check slip, this writ petition has been filed.

3. The issue raised in the writ petition is no longer res integra. On 05.01.2024 in W.P.No.36564 of 2023, a learned Judge of this Court has given a direction for registration of the decrees, notwithstanding any contrary circular was issued by the IG of Registration. In this view of the matter, the impugned refusal check slip is quashed. The petitioner is permitted to re-present the document. It shall be registered by the respondent. The Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

01.08.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi 2/4

To The Sub Registrar, Kalaiyarkovil Sub Registrar Office, Kalaiyarkovil, Sivagangai District.

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G.R.SWAMINATHAN, J.

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