The Madurai Bench held that Section 23 of the Registration Act does not apply to court decrees. The court directed the second respondent to consider the petitioner's request and pass a reasoned order within 30 days.
Directing the Sub Registrar to consider the request and pass a reasoned order on registration within 30 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD)No.15237 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.08.2021 CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)No.15237 of 2021
Anthony @ Jolly Anthony
... Petitioner
Vs.
1.The District Registrar, Officer of the District Registrar, Registration Department, Sivagangai, Sivagangai District.
2.The Sub Registrar, Manamadurai Registrar Office, Manamadurai, Sivagangai District.
... 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 register the certified copy of the final decree dated 28.01.2010, passed in the Suit O.S.No.221/2009 on the file of the principal District Munsiff Court, Manamadurai and the decree & judgment dated 20.01.2015 passed in the appeal in A.S.No.43/2012 on the file of the Sub-Court Sivagangai on payment of registration charges alone without insisting for payment of any stamp duty and without insisting any limitation under Section 23 of the Registration Act.
For Petitioner : Mr.V.Selvakumar For Respondents : Mr.R.Baskaran,
Counsel for State
ORDER
The petitioner seeks a direction to register a certified copy of the final decree dated 28.01.2010 in O.S.No.221/2009 and the judgment and decree dated 20.01.2015 in A.S.No.43/2012.
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W.P(MD)No.15237 of 2021
limitation period prescribed in Section 23 of the Registration Act 1908 had lapsed. The present Writ Petition is filed under these facts and circumstances.
Assistant Registrar (P&A)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
Sbn
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W.P(MD)No.15237 of 2021
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The District Registrar, Officer of the District Registrar, Registration Department, Sivagangai, Sivagangai District.
2.The Sub Registrar, Manamadurai Registrar Office, Manamadurai, Sivagangai District.
+1 CC to M/s.GP ( SR-27642[F] dated 31/08/2021 )
W.P(MD)No.15237 of 2021
27.08.2021
RD(15.09.2021) 3P 4C
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2 issues framed by the court
Whether Section 23 of the Registration Act 1908 applies to the registration of a court decree.
Whether the petitioner's request for registration of decrees should be disposed of in the absence of a formal refusal order from the registration authorities.
Colour shows how this judgement treated each authority
S.Sarvothaman Vs SubRegistrar, PuducherryFollowed¶6
S.Sarvothaman Vs SubRegistrar, Puducherry in W.A.No.336 of 2019
2 provisions across 2 enactments
Anthony @ Jolly Anthony
The District Registrar
The Sub Registrar
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
