Madras High CourtWP(MD)/20196/2025allowed

V.Sam Jebadurai v. The Sub Registrar

2025-07-24Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY V.Sam Jebadurai ... Petitioner Vs.

The Sub Registrar, Office of the Sub-Registrar, Kommadikottai, Udankudi Main Road, Thoothukudi District 628 653.

...Respondent

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order/Refusal Check Slip dated 18.06.2025 in refusal No.RFL/Kommadikottai/26/2025 issued by the respondent and to quash the same and consequently to direct the respondent to register judgment and decree dated 26.03.2002 passed in O.S.No.184 of 2000 on the file of the District Munsif Court, Sathankulam within a stipulated period.

For Petitioner : Mr.N.Dilipkumar For Respondent : Mr.S.Saji Bino Special Government Pleader *****

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus to quash the impugned order/Refusal Check Slip dated 18.06.2025 issued by the respondent and consequently to direct the respondent to 1/4

register judgment and decree dated 26.03.2002 passed in O.S.No.184 of 2000 on the file of the District Munsif Court,Sathankulam, within a stipulated period. 2.The respondent has refused to register the judgment and decree, dated 26.03.2002, passed in O.S.No.184 of 2000 on the file of the District Munsif Court,Sathankulam, on the premise that the judgment and decree is only a preliminary degree and the final decree has not been passed, and the partition was not effected based on meters and bounds. Therefore, the respondent refused to register the same.

3.However, it is seen that the petitioner is seeking to register the judgment and decree alone. Therefore, the impugned refusal check slip is total non application of mind. Hence, the impugned refusal check slip is quashed and the respondent is directed to register the judgment and decree, dated 26.03.2002, passed in O.S.No.184/2000 on the file of the District Munsif Court, Sathankulam, within a period of four weeks from the date of receipt of a copy of this order. 4.With the above observations, this Writ Petition is allowed. There shall be no order as to costs.

24.07.2025 2/4

NCC : Yes / No Index : Yes / No Internet : Yes Tmg To The Sub Registrar, Office of the Sub-Registrar, Kommadikottai, Udankudi Main Road, Thoothukudi District 628 653.

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S.SRIMATHY , J.

Tmg ORDER MADE IN DATED : 24.07.2025 4/4