Raja Marthandam v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Raja Marthandam ... Petitioner Vs.

The Sub Registrar, Udangudi Sub Registrar Office, Udangudi, Thiruchedur Taluk, Thoothukudi District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the entire records in relating to the Impugned refusal slip issued by the respondent dated 01.08.2022 and quash the same as illegal and consequently to direct the respondent to register the petitioners properties comprised in Survey No.411/2, 411/4 situating in Aathiyakurichi village, Thiruchendur Taluk, Thoothukudi District as per the civil Court decree dated 06.08.1997 made in O.S.No. 371 of 1995 on the file of the learned Additional District Munsif Court, Thiruchendur. For Petitioner : Mr.E.Johnson For Respondents : Mr.K.S.Selvaganesan, Addl. Government Pleader.

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ORDER

Heard the learned counsel on either side.

2.The petitioner presented the petition mentioned civil Court decree for registration before the respondent. On the ground that it was belatedly filed, it was refused to be entertained and the impugned refusal check slip came to be issued. Questioning the same, the present writ petition has been filed. 3.It is well settled that the time limit set out in Section 23 of the Registration Act will not apply to Court decrees. In this view of the matter, the impugned refusal check slip is quashed and the petitioner is permitted to re-present the decree in question. The respondent will receive and register it subject to fulfilment of usual formalities.

4.The writ petition is allowed accordingly. No costs. 30.08.2022 Index : Yes / No Internet : Yes/ No ias Issue order copy on 06.09.2022.

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To:

The Sub Registrar, Udangudi Sub Registrar Office, Udangudi, Thiruchedur Taluk, Thoothukudi District.

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G.R.SWAMINATHAN, J.

ias 30.08.2022 4/4