Madras High CourtWP(MD)/26349/2023allowed

Maruthayammal v. The District Collector

2023-11-03Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Maruthayammal ... Petitioner Vs.

1.The District Collector, Theni,Theni District.

2.The District Register, Registration Department, Theni District.

3.The Sub Registrar, (*) Chinnamanur.

Theni District.

4.Tamil Selvan 5.Chandra Mohan 6.Nambi Kumar 7.Rajammal 8.Mangaikarasi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the third respondent to register the judgment made in O.S No.8 of 2015 on the file of the District Munsif Court, Uthamapalayam, Theni District dated 26.06.2020 within time frame fixed by this Court.

For Petitioner : Mr.S.Gokulraj For Respondents: Mr.M.Prakash, Additional Government Pleader for R1 to R3

ORDER

Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 3. 2.The petitioner wants the third respondent to register the petition mentioned judgment. It appears that on account of the delay on the part of the petitioner, the registering authority did not entertain the petitioner's request. That led to the filing of this writ petition.

3.The learned counsel for the petitioner points out that Section 23 of the Registration Act does not apply in the case of registration of judgments and decrees. In this view of the matter, the petitioner is permitted to re-submit his application for registration of the petition-mentioned judgment. The third respondent will receive the same and register it subject to the fulfilment of the other usual formalities. 2/

4.This writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(C.O) (*) R3 is amended vide Court order dated. 12.04.2024 in WMP(MD)3004 of 2024 in WP(MD)No.26349 of 2023. Sd/- Assistant Registrar(C.O) // True Copy // 24/05/2024 Sub Assistant Registrar SKM (*)To be substituted to the order already despatched on 20/12/2023. To 1.The District Collector, Theni,Theni District. 2.The District Register, Registration Department, Theni District. 3.The Sub Registrar, (*) Chinnamanur. Theni District. +1 CC to M/s.S.GOKULRAJ, Advocate ( SR-20011[F] dated 12/04/2024 ) +1 CC to M/s.SPL.GP ( SR-20131[F] dated 15/04/2024 ) Copy to The Sub Registrar, Uthamapalayam, Theni District. 03.11.2023 KB(12.12.2023) 3P 5C SI(24.05.2024) 3P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/