IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.09.2022 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.23693 of 2022 V.Natarajan ... Petitioner Vs.

The Sub Registrar, Tirukoilur. ... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the respondent in respect of his Refusal Check Slip in RFL/Tirukoilur/149/2022 dated 17.08.2022 and quash the same and thereby direct the respondent to register the Decree in A.S.No.57 of 1996 dated 31.12.1997 on the file of the learned Additional District Judge, Villupuram reversing the Decree in O.S.No.24 of 1988 dated 22.12.1995 on the file of the learned District Munsif, Tirukoilur, as the above said decree had been confirmed by this Court in S.A.No.379 of 1999 dated 17.06.2011 and by the Hon'ble Supreme Court of India in S.L.P. (Civil) 6715 of 2012 dated 19.10.2012 in respect of properties in S.No.151/2A, 151/3A, 151/4 and 151/5 as per Patta No.4741 of Aalur Village, Tirukoilur Taluk, Kallakurichi District.

For Petitioner : Mr.N.Suresh For Respondent : Mr.Yogesh Kannadasan Special Government Pleader

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Certiorarified Mandamus to call for the records of the respondent in respect of his Refusal Check Slip in RFL/Tirukoilur/149/2022 dated 17.08.2022 and quash the same and thereby direct the respondent to register the Decree in A.S.No.57 of 1996 dated 31.12.1997 on the file of the learned Additional District Judge, Villupuram reversing the Decree in O.S.No.24 of 1988 dated 22.12.1995 on the file of the learned District Munsif, Tirukoilur, as the above said decree had been confirmed by this Court in S.A.No.379 of 1999 dated 17.06.2011 and by the Hon'ble Supreme Court of India in S.L.P. (Civil) 6715 of 2012 dated 19.10.2012 in respect of properties in S.No.151/2A, 151/3A, 151/4 and 151/5 as per Patta No.4741 of Aalur Village, Tirukoilur Taluk, Kallakurichi District.

2. Mr.Yogesh Kannadasan, learned Special Government Pleader takes notice for the respondent. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.

3. The case of the petitioner is that he is the absolute owner of the aforesaid properties. The said properties were illegally claimed by one Ranganathan and others, and therefore, the petitioner filed a Civil Suit in O.S.No.24 of 1988 on the file of the learned District Munsif Court, Tirukoilur, and the same was dismissed on 22.12.1995. As against the said decree and judgment, the petitioner filed an appeal in A.S.No.57 of 1996 on the file of the Additional District Court, Villupuram, and the said appeal was allowed on 31.12.1997 in favour of the petitioner. Pursuant to which, the said Ranganathan filed second appeal before this Court in S.A.No.379 of 1999, and this Court, by order dated 17.06.2011 dismissed the second appeal and the same was upheld by the Hon'ble Apex Court in SLP (Civil) 6715 of 2012. Further, the petitioner presented all the decrees for registration on 17.08.2022 before the respondent. However, the said document was refused to be registered by the respondent on the ground that the decrees have not been presented for registration within the time stipulated. Challenging the same, the present writ petition has been filed by the petitioner.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that, no time limit is prescribed for registering a document in the Registration Act and citing the reason for delay in presenting the document, by the respondent, is not sustainable.

5. The learned counsel for the petitioner would rely on a decision of the Hon'ble Division Bench of this Court in the case of S.Lingeswaran vs The Sub Registrar in W.P.No.9577 of 2021 dated 23.04.2021, and in the said decision the Division Bench of this Court followed the