W.P (MD).No.
1 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.01.2025
CORAM
THE HONOURABLE MR. JUSTICE [Link]
W.P (MD).No.1 of 2025
Selva Sridevi ... Petitioner
Vs.
[Link] District Registrar,
Virudhunagar District,
Virudhunagar.
[Link] Sub-Registrar,
Sivakasi,
Virudhunagar District. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying to
issue a Writ of Certiorarified Mandamus, to call for the records pertaining to
the impugned order passed by the second respondent in his proceedings in
[Link].429/2024 dated 22.11.2024 and to quash the same as illegal and
consequently direct the second respondent to register the Lok Adalat award
passed in L.A.99/2024 dated 24.10.2024 organized by the Virudhunagar
District Legal Services Authority, Srivilliputtur within the time stipulated by
this Court.
For Petitioner : [Link]
For Respondents : [Link]
Additional Government Pleader
[Link]
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W.P (MD).No.1 of 2025
ORDER
This writ petition has been filed challenging the order passed by the
second respondent, dated 22.11.2024 thereby refused to register the Lok Adalat
Award passed in [Link].99 of 2024, dated 24.10.2024, on the file of the
District Legal Services Authority, Srivilliputtur, Virudhunagar District.
2. By consent of both parties, the Writ Petition is taken up for final
disposal at the admission stage itself.
3. Heard the learned counsel appearing on either side and perused the
materials placed before this Court.
4. The petitioner's mother-in-law filed a suit in [Link].60 of 2022, on
the file of the Principal District Court, Virudhunagar District at Srivilliputtur
against the petitioner and her family members for partition claiming 5/12 share.
Thereafter, it was referred before the Lok Adalat and entered into compromise
between the parties. Accordingly, the Lok Adalat passed an award on
24.10.2024 in Award No.99 of 2024 and it was presented for registration,
however, the second respondent refused to register the same on the ground that
the concerned Court has to send letter to register the Lok Adalat Award. It is
unknown to any of the provision under the Registration Act that to register the
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W.P (MD).No.1 of 2025
Court order with letter from the concerned Court. The petitioner produced the
original award passed by the Lok Adalat. Under Section 23 of the Registration
Act says that the copy of the decree or order has to be presented for registration
within four months from the date of decree. The petitioner has presented the
Lok Adalat Award within four months for registration. Further, the Lok Adalat
award is a decree and it can be very well registered when it was presented for
registration.
5. In view of the above, this Court finds infirmity in the order passed
by the second respondent, dated 22.11.2024 and it cannot be sustained and
liable to be quashed.
6. Accordingly, the order of the second respondent dated 22.11.2024
is quashed and the writ petition is allowed. The petitioner is directed to
represent the Lok Adalat Award passed in [Link].99 of 2024, dated
24.10.2024 for registration. On receipt of the same, the second respondent is
directed to register the same and release the document forthwith, if it is
otherwise in order. No costs.
Internet : Yes
Index : Yes/No 03.01.2025
Speaking/Non Speaking order
am
[Link]
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W.P (MD).No.1 of 2025
To
[Link] District Registrar,
Virudhunagar District,
Virudhunagar.
[Link] Sub-Registrar,
Sivakasi,
Virudhunagar District.
[Link]
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W.P (MD).No.1 of 2025
[Link], J.
am
W.P (MD).No.1 of 2025
03.01.2025
[Link]
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