Anandakumar, v. The District Registrar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Anandakumar ... Petitioner Vs.

1.The District Registrar, The District Registrar Office, Tiruppur District.

2.The Sub-Registrar, Sub-Registrar Office, Dharapuram, Tiruppur District.

3.The Director, Boomithan Board, Chepauk, Chennai.

...Respondents

(R3-IMPLEADED AS PER ORDER DATED 26.07.2024 IN WMP.22925/2024 IN WP.18986/2024 BY NSKJ) Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, call for the records pertaining to the refusal check slip in refusal number RFL/dharapuram/1/2024 dated 04.01.2024 and to quash the same as illegal, incompetent and ultravires and consequently direct the 2nd 1/6

respondent to register the decree dated 02.02.2023 in O.S.No. 358 of 2022 passed by the Honble sub court, Dharapuram.

For Petitioner : M/s.M.Guruprasad For Respondents : M/s.C.Satish, Govt. Advocate for R.1 to R3

O R D E R

Challenging the refusal check slip dated 04.01.2024 issued by the 2nd respondent, the petitioner is before this Court.

2. The 2nd respondent had refused to register the decree dated 02.02.2023 in suit O.S.No.358 of 2022 passed by the Hon'ble Sub Court, Dharapurm, on the ground that the property in R.S.No.234/4 of Kokkampalayam Village has been recorded as "Boomithanavariya Nilangal" in the guideline register in the 2nd respondent's office and also in the online guideline register.

3. Heard the learned counsel appearing on behalf of the petitioner and the learned Special Government Advocate accepting notice for the respondents.

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4. Today, a communication addressed by the District Collector, Dharapuram to the Commissioner of Land Reform, Ezhilagam, Chepauk Chennai has been produced. The said communication is extracted hereinbelow:- 3/6

5. A perusal of the above would clearly show that the land has been wrongly classified as Boomithan land and that it is a private patta land. Therefore, the ground on which the registration has been refused is no longer in existence.

6. Accordingly, the Writ Petition is allowed. The impugned order dated 01.01.2024 is quashed. The 2nd respondent is directed to register the decree dated 02.02.2023 in suit O.S.No.358 of 2022 passed by the Hon'ble Sub Court, Dharapurm, within a period of 2 weeks, from the date of its representation by the petitioner. No costs.

31.01.2025 (shr) Index : Yes/No Speaking Order: Yes/No 4/6

To 1.The District Registrar, The District Registrar Office, Tiruppur District.

2.The Sub-Registrar, Sub-Registrar Office, Dharapuram, Tiruppur District.

3.The Director, Boomithan Board, Chepauk, Chennai.

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P.T. ASHA . J., (shr) 31.01.2025 6/6