It is made clear that, since many number of cases have come to the Court and it is almost become an everyday affair on the same issue despite these orders having been passed by this Court, the circular as indicated above shall be issued by the Inspector General of Registration immediately with a rider that, despite the circular being issued by the Inspector General of Registration if it is violated by any of the registering authority, that would be viewed seriously and in that case, action would be initiated against the said registering authority within the meaning of Section 68 of the Registration Act, 1908 and those registering authorities shall be held responsible for such dereliction. With the above directions, this writ petition is disposed of. No costs. 09.12.2022 Index : Yes Internet : Yes KST Note : Issue order copy on 12.12.2022 To 1.The District Registrar (Administration)    Registration Department, No.63/40    Perumal Koil Street, Tindivanam    Villupuram District 604 001. 2.The Sub-Registrar    O/o the Sub Registrar    Marakkanam, Villupuram District. SURESH KUMAR, J. KST W.P.No. 33186 of 2022 09.12.2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :    09.12.2022

CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR

Writ Petition No.33186 of 2022

M.Venkatesan

-Vs-

1.The District Registrar (Administration)

Registration Department, No.63/40    Perumal Koil Street, Tindivanam    Villupuram District 604 001.

2.The Sub-Registrar

O/o the Sub Registrar

…. Petitioner
   Marakkanam, Villupuram District. …. Respondents

Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records of the respondents pertaining to the order of the 2nd respondent in Memorandum No.11/2022 dated 03.10.2022 and quash the same, and consequently directing the 2nd respondent herein to forthwith register the judgment and decree dated 16.04.2010 in O.S.No.407 of 2006 on the file of District Munsif Court, Tindivanam ending with the judgment and decree dated 29.11.2012 in S.A.No.15 of 2012 on the file this Hon’ble Court in the books of the Registration Department in respect of the land of an extent of 2.50 acres in S.No.483/4 (New Survey No.383/5) of Kil Puthupattu Village, Tindivanam Taluk, Villupuram District.

For Petitioner            :   Mr.A.Bharathi

For Respondents       :   Mr.Yogesh Kannadasan

Special Government Pleader

O R D E R

The prayer sought for herein is for a Writ of Certiorarified Mandamus

calling for the records of the respondents pertaining to the order of the 2nd respondent in Memorandum No.11/2022 dated 03.10.2022 and quash the same, and consequently directing the 2nd respondent herein to forthwith register the judgment and decree dated 16.04.2010 in O.S.No.407 of 2006 on the file of District Munsif Court, Tindivanam ending with the judgment and decree dated 29.11.2012 in S.A.No.15 of 2012 on the file this Hon’ble Court in the books of the Registration Department in respect of the land of an extent of 2.50 acres in S.No.483/4 (New Survey No.383/5) of Kil Puthupattu Village, Tindivanam Taluk, Villupuram District.

  1. The petitioner has presented a Civil Court decree to be registered at the 2nd respondent office. However, through the impugned order dated 03.10.2022, the same has been refused by stating the following reasons.

“03/10/2022 md;W jpU/bt’;fnlrd; j-bg/ k”r;pdp bkhd;idak;ngl;il fpuhkk.; fPH;g[j;Jg;gl;L kJuh. jpz;otdk.; jhYf;fh mth;fshy; gjpt[f;F xU brd;id

cah; ePjpkd;w jPh;g;ghiz xd;W gjpt[f;F jhf;fy; bra;ag;gl;lJ/ (S.A. No.15/2012) ,t;thtzg;gjptpw;F rk;kej;gg;l;l fl;rpff;huuhy; Mtzjj;py; kuff;hzk; rhh; gjpthsh; mYtyf Ml;rpbayi; yfFl;gl;l fPHg;; [jJ;g;gl;L fpuhk giHa rh;nt vz;/483-4 bkhjj;k; Vf;fh; 4/44 brz;L ,jpy; fPH;g[wk; 2 Vff;h; 50 brz;L (,jwF; gj[pa rh;nt vz;/383-5y; 2 Vf;fh;!;

50 brz;L) kl;Lk; gjptf[ ;F jhff;y; braa;g;gl;lJ/

nkw;brhdd; ePjpkd;w jPhg;;ghizapid ghprPyid braj;jpy; ehs;/ 11/03/2019y; tH’;fg;gl;Ls;sJ/ efy; ehs; 15/03/2019 jw;nghJ gjpt[rr;l;lk; tpjp 23d; go ePjpkd;w jPh;ghiz ePjpkd;wj;jhy; tH’f;g;gl;l jPh;gg;pd; ehspy; ,Ue;J ehd;F khj’f;Sf;Fs; gjpt[ bra;a ntz;Lk; vdg;J gjpt[r; rl;lk; tpjp 23y; Twg;gl;Ls;sJ/ mjd;go j’f;shy; gjpt[fF; jhf;fy; bra;ag;gl;l brd;id cahe; Pjpkd;w jPh;g;ghiz vz;/   S.A. No.15/2012y; tH’;fg;gl;Ls;s jPhg;;ghizahdJ 11/03/2019 tH’;fgg;l;L mjd; efy; ehs; 15/03/2019 bgwg;gl;Ls;sJ/ jw;nghJ nkw;brhdd; gjpt[r;rl;l tpjpapd; go j’f;s; brdi; d cahe; Pjpkd;w jPh;g;ghizahdJ gjpt[r;rl;l tpjpapd; go ehdF; khj’;fs; fle;J Rkhh; ehdF; Mz;Lfs; Mfptpl;ljhy; j’f;s; Mtzk; gjpt[ braa;g;glhky; kPs j’;fSf;nf mryhf tH’;fg;gLfpwJ/

xk;-? rhh; gjpthsh; kuff;hzk;/

  1. Heard Mr.A.Bharathi, learned counsel for the petitioner and Mr.Yogesh

Kannadasan learned Special Government Pleader appearing for the respondents.

  1. The issue raised in this writ petition ie., limitation shall not stand in the way for registering the civil court decree has already been settled by this Court in number of cases. Illustratively, the following cases can be pressed into service.
  • P.(MD) No.13896 of 2019 dated 20.06.2019 (K.Krishnan -Vs-

Inspector General of Registration and Another)

  • P.No.4591 of 2020 etc., batch of cases dated 29.07.2021 (Mani alias Devarasu -Vs- District Registrar and Another)
    1. Despite repeated orders have been passed by this Court in most of the cases of this nature, the Sub Registrars are again taking the very same stand refusing to register the civil court decree and judgment citing limitation point.
    2. A time has come for this Court to issue a direction to the Inspector General of Registration to issue necessary circular to that effect to all the Registrars concerned throughout the State to strictly implement the orders passed by this Court especially the orders passed by this Court referred to above, where it has been held that the limitation would not stand in the way to register the civil court decree and judgment. It is also to be clarified that insofar as the registration fee is concerned, the value of the suit alone should be taken into account and not the guideline value or the market value of the property concerned.  Despite this clarification since these kind of refusal orders are made by the Sub Registrars concerned, this Court is inclined to pass the following order in this writ petition.
  • That the impugned order dated 03.10.2022 is hereby set aside.
  • That there shall be a direction to the 2nd respondent to register the civil court decree and judgment presented by the petitioner after collecting the necessary registration fee only by calculating the value of the suit filed by the parties out of which the civil court decree and judgment has come and not insisting upon the registration fee as per the value of the property. Secondly, without insisting any limitation such registration shall be undertaken by the 2nd
  • Apart from the aforesaid, this Court hereby directs the Inspector General of Registration, Government of Tamil Nadu to issue necessary circular to all the Registrars throughout the State to strictly follow the judgment of this Court in W.P.(MD) No.13896 of 2019 and

W.P.No.4591 of 2020 etc., batch of cases referred herein above.

  • It is made clear that, since many number of cases have come to the Court and it is almost become an everyday affair on the same issue despite these orders having been passed by this Court, the circular as indicated above shall be issued by the Inspector General of Registration immediately with a rider that, despite the circular being issued by the Inspector General of Registration if it is violated by any of the registering authority, that would be viewed seriously and in that case, action would be initiated against the said registering authority within the meaning of Section 68 of the Registration Act, 1908 and those registering authorities shall be held responsible for such dereliction.
  1. With the above directions, this writ petition is disposed of. No costs.

09.12.2022

Index : Yes

Internet : Yes

KST

Note : Issue order copy on 12.12.2022

To

1.The District Registrar (Administration)

Registration Department, No.63/40    Perumal Koil Street, Tindivanam    Villupuram District 604 001.

2.The Sub-Registrar    O/o the Sub Registrar

Marakkanam, Villupuram District.

  1. SURESH KUMAR, J.

KST

W.P.No. 33186 of 2022

09.12.2022

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