R.Rajanbabu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.04.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR and W.M.P.No.9277 of 2024 R.Rajanbabu
...Petitioner
Vs.
1.The District Collector, District Collectorate, Vellore District, Vellore - 9.
2.The Special Tahsildar, Adi Dravidar Welfare Department, Walaja, Ranipet District.
3.The Sub Registrar, Sub Registrar Office, Arcot, Ranipet Distrit.
...Respondents
PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 3rd respondent pertaining to the Refusal Check Slip dated 15.03.2024 and quash the same and consequently, direct the 3rd respondent 1/6
to register the Sale Deed dated 26.02.2024, in respect of the subject property situate in S.No.5/6A3, 16/1 measuring an extent of 1.33 1/4 acres, Koorammbadi Madhura, Periya Uppupettai Village, Walaja Taluk, Ranipet District.
For Petitioner :
Mr.T.Deeraj For Respondents :
Mr.U.Baranidharan Additional Government Pleader for R1 and R2 Mr.Yogesh Kannadasan Special Government Pleader for R3
ORDER
This Writ Petition has been filed to quash the order of the 3rd respondent pertaining to the Refusal Check Slip dated 15.03.2024 and consequently, to direct the 3rd respondent to register the Sale Deed dated 26.02.2024, in respect of the subject property situate in S.No.5/6A3, 16/1 measuring an extent of 1.33 1/4 acres, Koorammbadi Madhura, Periya Uppupettai Village, Walaja Taluk, Ranipet District. 2.It is the contention of the petitioner that the subject property was acquired for the purpose of providing free house plots to the Adi Dravidar community people. However, the acquisition was challenged before this 2/6
Court in W.A.Nos.2050 and 2051 of 2001, and W.A.No.726 of 2005 and this Court by order dated 16.04.2008 quashed the proceedings. Thereafter, no fresh acquisition has been initiated. Therefore, merely on the basis of the entries found in the revenue records, the documents could not have been refused to be registered.
3.The learned counsel for the petitoner has also brought to the notice of the order of this Court in quashing the acquisition proceedings. 4.As rightly pointed out by the learned counsel for the petitioner, this Court by order dated 16.04.2008 quashed the acquisition proceedings under Section 4(1) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978. The District Collector, in Na.Ka.K.1/3238/1995, dated 05.07.2017 has passed an order in this regard. 5.I have carefully perused the documents. The District Collector has recommended to issue patta to the individual land owners since the acquisition proceedings has already been quashed. The proceedings also indicate that no further acquisition has been required. As the acquisition 3/6
proceedings itself have quashed the District Collector also recommended to the respondents for the issuance of patta to the individual land owners. The individual land owners are entitled to the property. Merely on the basis of the entries reflected in the Notification issued earlier the individual owners cannot be denied to deal with the property.
Accordingly, this Writ Petition is disposed of. The refusal check slip issued by the 3rd respondent stands quashed and the respondents are directed to register the documents within a month from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed.
08.04.2024 Index : Yes / No Internet : Yes / No mps To 1.The District Collector, District Collectorate, Vellore District, Vellore - 9.
4/6
2.The Special Tahsildar, Adi Dravidar Welfare Department, Walaja, Ranipet District.
3.The Sub Registrar, Sub Registrar Office, Arcot, Ranipet District.
5/6
N. SATHISH KUMAR, J, mps and W.M.P.No.9277 of 2024 08.04.2024 6/6