Nizamudeen A v. The Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN A.Nizamudeen ... Petitioner Vs.

1.The Inspector General of Registration, Registration Department, Santhome Home, Chennai.

2.The Deputy Inspector General of Registration, Combined Registration Department, Thirumugoor Road, Y.Othakadi, Madurai.

3.The District Registrar, District Registrar Office, Palace Road, Madurai.

4.Syed Raviya 5.Abdulkalam ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to cancel the forgery settlement document in document No.1574/2015 dated 14.06.2014 register before the 3rd respondent office based on the Judgment and 1/4

Decree passed by the learned VI Additional Principal Court, Madurai in O.S.No.185/15 dated 23.12.2016.

For Petitioner : Mr.C.Ezhilarasu For Respondents : Mr.N.Satheeskumar, Addl. Government Pleader for R1 to R3.

ORDER

Heard the learned counsel on either side.

2.The petitioner wants this Court to direct the first respondent to cancel the petition mentioned document.

3.The learned Additional Government Pleader for the official respondents draws my attention to the decree obtained by the petitioner in O.S.No.185 of 2015 on the file of the VI Additional District Court, Madurai. The writ petitioner is the plaintiff therein. The respondents 4 and 5 herein are figuring as defendants 5 and 6 in the said suit. The suit is for the relief of partition and declaration that the petition mentioned deed dated 14.07.2014 is null and void. All that the petitioner needs is to present the decree for registration. As and when the petitioner moves the registering authority, the same will be registered notwithstanding the fact that there is lapse of time. It has been held time and 2/4

again that time limit set out in Section 23 of the Registration Act will not applicable to registration of Court decrees.

4.With this liberty to the writ petitioner to move the registering authority, the writ petition is disposed of. No costs.

16.12.2022 Index : Yes / No Internet : Yes/ No ias To:

1.The Inspector General of Registration, Registration Department, Santhome Home, Chennai.

2.The Deputy Inspector General of Registration, Combined Registration Department, Thirumugoor Road, Y.Othakadi, Madurai.

3.The District Registrar, District Registrar Office, Palace Road, Madurai.

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G.R.SWAMINATHAN, J.

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