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2024 Supreme(Online)(MAD) 15734
HIGH COURT OF MADRAS
N. SATHISH KUMAR, J
S.RAJAMANICKAM – Appellant
Versus
THE SUB REGISTRAR – Respondent
The refusal to register a judgment must be justified; lack of due diligence by the Sub-Registrar may lead to judicial intervention.
Headnote:
Mandamus - Writ Petition - Section 22 of the Registration Act, 1908 - The court emphasized the obligation of the Sub-Registrar to act without unreasonable refusal and rectified the wrongful refusal to register a decree.
Fact of the Case:
The petitioner filed a Writ Petition after the Sub-Registrar refused to register a decree, citing the absence of a subdivision number on the decree.
Issues: Whether the refusal by the Sub-Registrar to register the judgment and decree was justified or constituted an abuse of power.
Ratio Decidendi: The court determined that the Sub-Registrar's refusal was improper and amounted to an abuse of discretion, thereby mandating the registration of the decree.
Final Decision: The Writ Petition was allowed, directing the Sub-Registrar to register the decree within one week.
ORDER
This Writ Petition has been filed seeking issuance of a Writ of Certiorarified Mandamus, to call for the records of the respondent in his refusal check slip No.RFL Selaiyur 7/2024 dated 20.07.2024 and quash the same and thereby direct the respondent to register the decree and judgment in O.S.No.212 of 2019 dated 20.09.2023 on the file of the learned Additional District Munsif, Alandhur in respect of Survey No.22/1B-7 cents situated at Chithaalapakkam Village, formerly Sholinganallur Taluk presently Tambaram Taluk, Chengalpattu District.
2. Heard both sides. With the consent of both sides, this Writ Petition is disposed of at the admission stage itself.
3. It is the case of the petitioner that the petitioner presented a decree and judgment in O.S.No.212 of 2019 on the file of the learned Additional District Munsif, Alandhur, for registration and the same was refused to be registered by the respondent and refusal check slip was issued on the ground that the decree does not contain the present sub division number. Therefore, the petitioner is before this Court.
4. The impugned order passed by the respondent clearly indicates the non-application of mind on the part of the respondent. The Sub-
Registrar has infact abdicated his responsibility and his act is nothing but abuse of power, for which, a contempt action should be initiated. Passing such order against law and forcing the parties to run from pillar to post is nothing but harassment on the ordinary citizens.
5. The learned Special Government Pleader appearing for the respondent submitted that the order passed by the respondent has to go, since the order is not proper. Hence, he submitted that he will instruct the Sub-Registrar, Selaiyur, to register the judgment and decree today itself.
6. In such view of the matter, this Writ Petition is allowed and the impugned order passed by the respondent in refusal check slip No.RFL Selaiyur 7/2024 dated 20.07.2024, is set aside. The Sub-Registrar, Selaiyur is directed to register the decree and judgment in O.S.No.212 of 2019 dated 20.09.2023, within a period of one week from the date of receipt of a copy of this order. No costs.
Index : Yes /No 31.07.2024 Speaking / Non-speaking Neutral Citation : Yes / No gsk N .SATHISH KUMAR, J.
gsk To The Sub Registrar, Selaiyur.
W.P.No.21549 of 2024
31.07.2024
