S.SARVOTHAMAN Vs. SUB REGISTRAR OULGARET

JUDGEMENT

(1.) The Writ Petition has been filed challenging the order passed by the respondent dtd. 5/7/2018 in No.2/SRO/Oulgaret/Refusal/2018 and seeking a direction to the respondent to register the Compromise Decree dtd. 29/4/1970 in O.S.No.6 of 1968 on the file of the Principal District Court, Pondicherry.

(2.) The order passed by the respondent is refusing to register the Judgment and Decree made in O.S.No.6 of 1968 dtd. 29/4/1970. It is the case of the petitioner that he hails from the family of N.Selvaradjalou Chettiar of French India, who is a philanthropist. The petitioner claims to be the adopted son of Somasundaram Chettiar and Jayalakshmiammal, who is the sister of N.Selvaradjalou Chettiar. With respect to 92 items of properties in Pondicherry, a suit was pending before the Principal District Court at Pondicherry in O.S.No.6 of 1968, filed by the adoptive mother of the petitioner against one Padminichandrasekaran, who is the only daughter of the said N.Selvaradjalou Chettiar and others. After the death of the said Jayalakshmiammal, pending suit, there was a compromise between the parties and accordingly, a Compromise Decree was passed on 29/4/1970 in O.S.No.6 of 1968, as per which, Schedule "B" was allotted to the petitioner. The said Compromise Decree was challenged by the petitioner's son, namely, Vinodh Babu, before this Court in C.S.No.149 of 1980 and in O.S.A.No.299 of 1996, by judgment dtd. 20/3/2002, the Compromise Decree was upheld. Against the said judgment in O.S.A, the said Vinodh Babu had filed a Special Leave Petition (Civil) No.82668 of 2002 before the Hon'ble Supreme Court and the same was dismissed on 1/11/2002.

(3.) While so, a Trust which was created by Padminichandrasekaran, in the name of N.Selvaradjalou Chetty Trust, filed a suit a Civil Suit No.504 of 1998 before this Court in respect of one of his Chennai property. In the said suit also, a Judgment was passed on 18/9/2006, against which, O.S.A.No.230 of 2007 was preferred before this Court. The Division Bench of this Court dismissed the said O.S.A on 8/9/2017 confirming the decree passed in C.S.No.504 of 1998. After all the above proceedings, the petitioner attempted to register the Compromise Decree dtd. 29/4/1970 passed in O.S.No.6 of 1968 before the respondent on 4/7/2018. The respondent had refused to register the Compromise Decree by passing the impugned order on 5/7/2018 on the ground that the documents are presented for registration beyond the period of Limitation (i.e) after a lapse of 48 years. The order of refusal by the respondent is without application of mind and in violation of the principles of natural justice.