Annavi v. The Sub Registrar
Case brief
What is this about?
Petitioner challenged refusal to register an ex-parte decree. Court allowed petition relying on its prior order that circulars cannot override the Act/Rules, quashing refusal and directing registration.
What did the court decide?
Impugned Refusal Check Slip No. RFL/Tharagampatti/2/24 dated 22.01.2024 quashed. Respondent directed to register the ex-parte Decree and Judgment passed in O.S.No.259 of 2017.
What the court decided
W.P.(MD).No.3516 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.02.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD).No.3516 of 2024 and W.M.P(MD) No.3478 of 2024
Annavi
... Petitioner
Vs
The Sub Registrar, Tharagampatti Sub Registration Office, Karur District.
... Respondent
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records pertaining to the impugned Refusal Check Slip No. RFL/Tharagampatti/2/24, dated 22.01.2024 and quash the same.
Issues for consideration
2 issues framed by the court
Whether a Sub Registrar can refuse to register an ex-parte decree judgment based on an internal circular.
Whether a circular issued by the Inspector General of Registration can override statutory provisions.
Parties & counsel
- petitioner
Annavi
- respondent
The Sub Registrar, Tharagampatti Sub Registration Office, Karur District
Coram
L.Victoria Gowri
Case details
As recorded by the court registry
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