R.Yuvarani v. The Joint Sub-Registrar-I/
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.04.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH WP No.13781 of 2025 R.Yuvarani W/o.Felix Raj, Door No.135/8, Nds Nagar, Reddiyur, Salem-636 004 Petitioner Vs
1. The Joint Sub-registrar-i/ District Registrar Grade, District Registrars Office, Salem (East) 2.The District Registrar Registration Department, Salem.
3.The District Collector, Salem.
(R3-suo Motu Impleaded As Per Order Dated 17.04.2025 In Wp.13781/2025 By Navj) Respondent(s) Prayer:
Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus, to call for the entire records relating to the impugned Refusal Check Slip in RFL/1 JOINT Sub-Registrar, Salem East/38/25 dated 04.03.2025 issued by the 1/5
1st respondent and quash the same and consequently, direct the 1st respondent to register the Sale Agreement dated 04.03.2025 by the petitioner and consequent Sale Deeds for the property comprised in Survey Nos.63/2, 64 and 66 Thathampatti Village, Salem Town and Taluk.
For Petitioner :
Mr.P.Jagadeesan For Respondents :
Mr.U.Baranidharan Special Government Pleader *****
O R D E R
This writ petition has been filed challenging the impugned refusal check slip issued by the first respondent dated 04.03.2025 and for a consequential direction to the first respondent to register the sale agreement dated 04.03.2025 and to release the document.
2. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents.
3. When the matter came up for hearing on 17.04.2025, this Court passed the following order:
'Th e District Collector, Salem is suo-motu added as third respondent in this writ petition.
2. Registry is directed to carry out necessary amendment in the writ petition.
3. The specific case of the petitioner is that the subject property does not form part of the land categorized for allotment 2/5
to SC/ST Community and that it is a patta land.
4. The learned counsel relied upon the earlier order dated 05.11.2024 passed in W.P.No.32171 of 2024 wherein, similarly placed persons approached this Court and directions were issued to complete the registration.
5. Considering the above claim made by the petitioner, the learned Special Government Pleader, who takes notice on behalf of impleaded third respondent shall take instructions in this regard and based on the same, final orders can be passed in this writ petition.
Post the writ petition on 24.04.2025 at the end of the Motion List.'
4. Pursuant to the above order, the learned Special Government Pleader appearing on behalf of the third respondent placed the written instructions received from the Tahsildar, Salem. On carefully going through the written instructions, it is clear that the property in question is a freehold land which has to be treated on par with other patta lands and therefore, there cannot be any objection in registering the document.
5. In the light of the above discussion, the impugned refusal check slip issued by the first respondent dated 04.03.2025 is quashed and there shall be a direction to the first respondent to register the sale agreement dated 04.03.2025, if it is otherwise in order. It goes without saying that further documents pertaining to the subject property shall be 3/5
registered without coming up with the same objection. This Writ Petition is allowed in the above terms. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
25.04.2025 Index: Yes/no Speaking Order/Non-Speaking Order mk To
1. The Joint Sub-registrar-I District Registrar Grade, District Registrars Office, Salem (east) 2.The District Registrar Registration Department, Salem.
3.The District Collector, Salem.
(R3-suo Motu Impleaded As Per Order Dated 17.04.2025 In WP.13781/2025 By Navj) N.ANAND VENKATESH.J., 4/5
mk 25.04.2025 5/5