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Madras High CourtWP(MD)/25008/2024disposed of

G. Thiagarajan v. The District Registrar (Administration)

2024-10-22Honourable Mr Justice N. Sathish Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 22/10/2024

CORAM

The Hon`ble Mr.Justice N.SATHISH KUMAR G. Thiagarajan ... Petitioner Vs

1. The District Registrar (Administration), O/o. the District Registrar Office, Madurai South, Madurai..

2. The Sub Registrar (Joint - I), O/o. the Sub Registrar Joint - I Office, Madurai South, Palace Road, Madurai..

... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, directing the respondents to make necessary entries, pursuant to the final decree dated 13.10.2020 in O.S.No. 1191 of 2008 in terms of Section 29(2) of the Registration Act, 1908 by considering the petitioner's representations dated 01.07.2024 and 12.09.2024 within the period that may be stipulated by this Court.

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For Petitioner : Mr.V.Karthikraja M/s. Ajmal Associates For Respondents : Mr.P.Subbaraj Special Government Pleader

ORDER

By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.

2. The writ petition has been filed for a mandamus directing the respondents to make necessary entries, pursuant to the final decree dated 13.10.2020 in O.S.No. 1191 of 2008 in terms of Section 29(2) of the Registration Act, 1908 by considering the petitioner's representations dated 01.07.2024 and 12.09.2024 within the period that may be stipulated by this Court.

3. The petitioner has filed a suit regarding pathway dispute and the said suit has been decreed pursuant to the compromise decree in OS No.1191/2008. When the same is presented for registration, the document ought to have been registered and since the same has not been done, the petitioner made representations for making necessary entry. 2/5

Since the same were not considered, he is before this Court with this writ petition.

4. I have considered the rival submissions and perused the materials available on record.

5. It is made clear that this Court in several judgments had held that limitation under Section 23 of the Registration Act is not applicable for presentation of judgment and decree. In Subramani v. the Sub Registrar and another [(2024) 3 MLJ 588], this Court had held that limitation is not applicable for presenting judgment and decree.

6. In that view of the matter, the writ petition is disposed of with a direction to the respondents to make necessary entries, when the judgment and decree was presented by the petitioner. No costs. 22.10.2024 RR 3/5

TO

1. The District Registrar (Administration), O/o. the District Registrar Office, Madurai South, Madurai..

2. The Sub Registrar (Joint - I), O/o. the Sub Registrar Joint - I Office, Madurai South, Palace Road, Madurai..

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N.SATHISH KUMAR,J RR

ORDER

IN WP(MD) No.25008 of 2024 Date : 22/10/2024 5/5