K. Solai Hari v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE K.Solai Hari ... Petitioner /Vs./ 1.The District Registrar, Registration Department, Shanmugapuram Periyar Salai, Palani, Dindigul District - 624 003.

2.The Sub-Registrar, Guziliamparai Register Office, Dindigul District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 2nd respondent to register the Decree and Judgment in OS 4/2005 on the file of District Judge, Dindigul dated 08.04.2012 and confirming Decree and Judgments in AS No.86/2012 on the file of this Honble High Court - Madras Madurai Bench dated 09.02.2021 and release the same within the time frame as fixed by this Court.

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For Petitioner : Mr.A.Joesph Jerry For Respondents : Mr.C.Satheesh Government Advocate

ORDER

This writ petition has been filed for a mandamus seeking for a direction to the second respondent to register the decree and judgment passed in O.S No.4 of 2005 on the file of the District Court, Dindigul, dated 18.04.2012 and confirmed by the decree and judgment rendered in A.S.(MD)No.86 of 2012 on the file of this Court dated 09.02.2021 and release the same to the petitioner within a time frame to be fixed by this Court.

2. Heard Mr.A.Joesph Jerry, learned counsel appearing for the petitioner, and Mr.C.Satheesh, learned Government Advocate appearing for the respondents.

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

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4. Admittedly, no final orders have been passed by the second respondent either accepting or rejecting the request of the petitioner for registration of the aforementioned decrees.

5. Therefore, no prejudice will be caused to the respondents, if a direction is issued to the respondents to consider the petitioner's request for registration of the aforementioned decrees on merits and in accordance with law and if found eligible, register the same within a time frame to be fixed by this Court.

6. For the foregoing reasons, this writ petition is disposed of by directing the respondents to consider the request of the petitioner to register the decree and judgment passed in O.S No.4 of 2005 on the file of the District Court, Dindigul, dated 18.04.2012 and confirmed by this Court by its judgment and decree dated 09.02.2021 passed in AS(MD)No.86 of 2012 on merits and in accordance with law, and if the second respondent finds that the same can be registered, the second respondent is directed to register the aforementioned decrees within a 3/6

period of eight weeks from the date of receipt of a copy of this order. No costs.

28.10.2024 Index : Yes / No NCC : Yes / No sm 4/6

TO:- 1.The District Registrar, Registration Department, Shanmugapuram Periyar Salai, Palani, Dindigul District - 624 003.

2.The Sub-Registrar, Guziliamparai Register Office, Dindigul District.

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ABDUL QUDDHOSE, J.

Sm Order made in Dated:

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