K.Jayaprakash v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-03-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. K.Jayaprakash S/o.S.Kanthiya Pillai, No.27, K.N.S. Garden, 2nd Street, Rakkiyapalayam Pirivu Kangeyam Road, Nallur Village, Tiruppur-641 604.

Petitioner(s) Vs

1. The District Registrar Tiruppur District, Tiruppur.

2.The Sub Registrar, Nallur, Tiruppur District.

3.Assistant Commissioner Hindu Religious And Charitable Endowments Department, Tiruppur-641 604.

Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for issuance of writ of Certiorarified Mandamus to quash the impugned refusal check slip issued by the 2nd respondent in Refusal Number RFL/ Nallur-Tiruppur/7/2025 dated 04.02.2025 and further direct

the 1st and 2nd respondent to admit and register the settlement deed to be executed by the petitioner herein in favour of this wifeJ.Navakumari with respect to the lands comprised in S.Nos.3/4, 3/5, 3/6 and 3/7 in all totally measuring an extent of 0.19.00 Hec together with building thereon etc. situated at Nallur Village, Tiruppur South Taluk, Tiruppur District.

For Petitioner(s):

Mr.V.P.Sengottuvel, Senior counsel for K.R.Nishanth For Respondent:

Mr.K.Karthikeyan, Government Advocate for R1 and R2 Mr.S.Ravichandran, Additional Government Pleader for R3

ORDER

This writ petition has been filed challenging the impugned refusal check slip issued by the 2nd respondent dated 04.02.205 and for a consequential direction to the 2nd respondent to register the settlement deed executed in favour of his wife with respect to the subject property.

2.

Heard Mr.V.P.Sengottuvel, learned Senior counsel for Mr.K.R.Nishanth, learned counsel for the petitioner and Mr.K.Karthikeyan, learned Government Advocate for respondents 1 and 2 and Mr.S.Ravichandran, learned Additional Government Pleader for R3.

3.

The specific case of the petitioner is that the subject property is an Inam land and the Tribunal specifically held that the appellants therein are entitled for patta with respect to the subject property. Thereafter, patta was also issued by the Tahsildar, Tiruppur. During the year 1987, sub division was made and there was a family partition. One Karuppusamy Gounder and others sold the property in Survey No.3/4 to 3/7 to the petitioner under a sale deed dated 25.08.2005. Thereafter, the revenue records were also mutated in the name of the petitioner and patta pass book was given in the name of the petitioner. The petitioner wanted to settle the property in favour of his wife and accordingly, settlement deed was executed on 04.02.2025. When the same was presented for registration, the 2nd respondent issued the refused check slip on the ground that the petitioner must get a no objection certificate from the 3rd respondent. Aggrieved by the same, the present writ petition has been filed before this Court.

4.

Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the 2nd respondent to conduct a summary enquiry as per the guidelines issued by the Division Bench of this Court in [Sudha Ravi Kumar and another Vs. The Special Commissioner and

others] reported in 2017 3 CTC 135 (paragraphs 24 to 26) and take a decision within a period of four weeks from the date of receipt of a copy of this order. An opportunity shall be given to the 3rd respondent.

5.

This writ petition is disposed of with the above directions. No costs.

20-03-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Registrar Tiruppur District, Tiruppur.

2.The Sub Registrar, Nallur, Tiruppur District.

3.Assistant Commissioner Hindu Religious And Charitable Endowments Department, Tiruppur-641 604.

N.ANAND VENKATESH J.

rka 20-03-2025