Chandrapriya v. The Joint Sub-Registrar - I

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.10.2024 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Chandrapriya ... Petitioner Vs.

The Joint Sub Registrar-I, Palani, Dindigul 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 records pertaining to the impugned refusal check slip issued by the respondent in Refusal Number:RFL/1 Joint Sub Registrar, Palani/30/2024, dated 10.10.2024 and quash the same as illegal and consequently, to direct the respondent to register the final decree in I.A.No.3 of 2021 in O.S.No.30 of 2019 by the District Munsif Court, Palani, dated 11.10.2022 presented by the petitioner for registration within a time frame. For Petitioner : Mr.D.Venkatesh For Respondent : Mr.M.Siddharthan, Additional Government Pleader 1/4

ORDER

By consent of both sides, this Writ Petition is taken up for final disposal at the stage of admission itself.

2.It is the case of the petitioner that when she presented the final decree made in I.A.No.3 of 2021 in O.S.No.30 of 2019 by the District Munsif Court, Palani, dated 11.10.2022 for registration, the respondent, vide refusal check slip dated 10.10.2024, has refused to register the same, stating that there is a mistake in the sub division number. Challenging the same, the petitioner has filed this Writ Petition.

3.This Court is of the view that what is sought to be registered is only the decree of the Court. When the competent Court has granted a decree, merely based on the wrong mentioning of the jurisdiction, where the property in question situates, the registering authority cannot refuse to register the decree of the Court.

4.In such view of the matter, the impugned order of the respondent is quashed and this Writ Petition is allowed with a direction to the respondent to 2/4

register the final decree presented by the petitioner within a period of one week from the date of receipt of a copy of this order. No costs. 23.10.2024 ` NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To The Joint Sub Registrar-I, Palani, Dindigul District.

3/4

N.SATHISH KUMAR, J Yuva 23.10.2024 4/4