Subbuthai v. The Inspector General Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.09.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Subbuthai ... Petitioner Vs.

1.The Inspector General of Registration, Santhom High Road, Mylapore, Chennai-600 004, Chennai District.

2.The District Registrar, District Registration Office, 29, Masilamanipuram 3rd Street, Thoothukudi, Thoothukudi District.

3.The Sub-Registrar, Sub-Registration Office, Villathikulam, Thoothukudi District.

4.Ramamoorthy 5.Muthaiah ... Respondents 1/4

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned communication letter issued by the third respondent in vide No.156/2015, dated 14.07.2015 and quash the same as illegal, arbitrary against the principles of natural and unconstitutional, and consequentially direct to the third respondent to register the order in O.S No.44 of 2011 passed by the District Munsif Court - Villathikulam, dated 09.03.2012.

For Petitioner : M/s.M.Manivelpandian For R-1 to R-3 : M/s.S.R.A.Ramachandran Additional Government Pleader For R-4 & R-5 : No appearance

ORDER

The present Writ Petition has been filed challenging an order passed by the third respondent herein, refusing to register the decree passed in O.S.No.44 of 2011 on 09.03.2012 on the file of the District Munsif Court, Villathikulam.

2. As per the impugned order, the third respondent has refused to register the Court decree, on the ground, it has been presented beyond the period of limitation. It is settled position of law, that there is no 2/4

limitation for presenting a decree for registration.

3. In view of the above said fact, the order impugned in the writ petition is set aside. The third respondent is directed to register decree in O.S.No.44 of 2011, dated 09.03.2012, on the file of the District Munsif Court, Villathikulam, on payment of necessary charges.

4. With the above said observations, the writ petition stands allowed. There shall be no order as to costs. 28.09.2022 Index :

Yes / No Internet :

Yes / No btr To 1.The Inspector General of Registration, Santhom High Road, Mylapore, Chennai-600 004, Chennai District.

3/4

R.

VIJAYAKUMAR , J.

btr 2.The District Registrar, District Registration Office, 29, Masilamanipuram 3rd Street, Thoothukudi, Thoothukudi District.

3.The Sub-Registrar, Sub-Registration Office, Villathikulam, Thoothukudi District.

Order made in 28.09.2022 4/4