Sunder Singh v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No.29835 of 2025 and W.M.P.No.33459 of 2025 Sunder Singh ... Petitioner Vs.

1.The District Collector Collector Office Cuddalore District 2.The District Revenue Officer Collector Office Cuddalore District 3.The Revenue Divisional Officer Revenue Divisional Office Vriddhachalam, Cuddalore District 4.The Revenue Tahsildar Vriddhachalam Taluk Office Vriddhachalam Cuddalore District 5.The Sub Registrar Mangalampet Sub Registrar Office Mangalampet Cuddalore District 6.V.Sakthivel 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issuance of a Writ of Certiorarified Mandamus, to call for the records of the impugned Refusal Check Slip bearing No.RFL/Mangalampettai/25/2025 dated 09.07.2025 passed by the 5th respondent and to quash the same as illegal and consequently direct the 5th respondent to register the Sale Deed dated 09.07.2025 executed by the petitioner in favour of Mr.Pandian and Mrs.Manju in accordance with law within the time frame fixed by this Court. For Petitioner(s) : Mr.M.Jai Kumar For Respondent(s) : Mr.U.Baranidharan Special Government Pleader

ORDER

By consent, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to 6th Respondent is hereby dispensed with.

2.The above Writ Petition has been filed challenging the refusal check slip dated 09.07.2025, wherein the sale deed dated 09.07.2025 pertaining to the property comprised in Survey No.39/1C1A, measuring an extent of 10.25 cents situated at Pallipattu Village, Virudachalam District, was refused registration on the premise that in the order of this Court in W. P.No. 9415 of 2025 it is 2/6

referred to as "gy;yuht[l;ld; Fsk;" and patta in respect of the same was cancelled on 31.12.2024.

3.At the outset, Mr.U.Baranidharan, learned Special Government Pleader would submit that the subject property being a water body, the refusal slip is justified. Accordingly prays for dismissal of the above petition. 4.Learned counsel for the petitioner would submit that respondents have proceeded to issue the refusal check slip on finding that the subject property is a water body without even affording the opportunity of hearing to the petitioner. He would further submit that if opportunity of hearing is afforded to him, he would be in a position to explain to the registering authority that the reason for refusal viz. classification of subject property as a water body may not be correct. 5.

At this juncture, learned Special Government Pleader would submit that the petitioner may submit his response to the refusal check slip along with the relevant documentary evidence. If any such documentary evidence is submitted, the same would be considered, and appropriate orders would be passed in accordance with law after affording the petitioner a reasonable opportunity of hearing.

water body, they would proceed for registration if the sale deed is otherwise in order. On the other hand, if it is found to be a water body, the same may have to be refused registration. He would also submit that if for any other reason the sale deed is sought to be refused registration, they would do so after assigning reasons, which was agreed to by the learned counsel for petitioner.

6. In view thereof, the writ petition stands disposed of permitting the petitioner to re-present the sale deed and submit his response to the refusal check slip along with the relevant documentary evidence. If any such response along with documentary evidence is submitted by petitioner, the concerned respondent is directed to consider and pass appropriate orders in accordance with law after affording a reasonable opportunity of hearing to petitioner and any other interested parties including rival claimants. It is made clear that this Court has not expressed any views with regard to the merits of the representation and it is open to the concerned respondent to consider the case on its own merits and in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.

18.08.2025 kas Index : Yes/ No Speaking / Non Speaking 4/6

To.

1.The District Collector Collector Office Cuddalore District 2.The District Revenue Officer Collector Office Cuddalore District 3.The Revenue Divisional Officer Revenue Divisional Office Vriddhachalam, Cuddalore District 4.The Revenue Tahsildar Vriddhachalam Taluk Office Vriddhachalam Cuddalore District 5.The Sub Registrar Mangalampet Sub Registrar Office Mangalampet Cuddalore District MOHAMMED SHAFFIQ, J.

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kas W.P. No.29835 of 2025 and W.M.P.No.33459 of 2025 18.08.2025 6/6