R.Angamuthu v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2023 CORAM :

THE HONOURABLE MR. JUSTICE P.VELMURUGAN and W.M.P.No.33981 of 2023 R.Angamuthu ... Petitioner

Versus

1.The District Registrar, Registration Department, Tiruppur District, Tiruppur.

2.The Sub Registrar, Avinashi Sub Registration Office, Avinashi, Tiruppur District ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the 2nd respondent dated 16.09.2023 in Refusal No.RFL/ Avinashi/149/2023 and to quash the same and consequently direct the 2nd respondent to register the sale deed and to return the same to the petitioner. For Petitioner :

Mr. C.Prabakaran For Respondents :

Mr. Yogesh Kannadasan Special Government Pleader

O R D E R

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This Writ Petition has been filed challenging the order passed by the second respondent in Refusal No.RFL/ Avinashi/149/2023 and consequently direct the second respondent to register the Sale Deed and to return the same to the petitioner.

2.

The claim of the petitioner is that one Karuppan executed a Settlement Deed in favour of his sons, namely, Chinna, Muthusamy, Aarusamy and Natarajan under the registered Settlement Deed dated 15.12.1995 vide Doc.No.5391 of 1995 in the Sub-Registrar Office, Avinahsi for an extent of 1.29.5 hectare equivalent to 3.20 Acres. Thereafter, a Sale Deed was executed and the same was presented for registration before the second respondent Vide Online application on 16.09.2023 and the same was refused to be registered stating that the layout was not approved and BDO has granted approval in respect of individual house sites, therefore, the government officials requested to submit the unapproved layout and LPI order and regularization order and to re-submit the same for registration. Hence, the Writ Petition. 3.

It is reported by the learned counsel for the petitioner that the Page No.2 of 5

subject matter of the property was regularized in the year 2017 itself under plots regularization scheme and the subject property is an approved layout. Therefore, the petitioner has filed the Writ Petition for the said relief.

4.

Since the plot has not been approved even prior to the purchase and during the pandemic situation, the petitioner had executed the settlement deed. However, this is an unapproved plot purchased by the petitioner and he is not entitled to get relief as sought for as a matter of right.

5.

Under such circumstances, the Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petition is also closed. 11.12.2023 Index : Yes/No Speaking order : Yes/No Neutral Case Citation : Yes/No klt Page No.3 of 5

To:

1.The District Registrar, Registration Department, Tiruppur District, Tiruppur.

2.The Sub Registrar, Avinashi Sub Registration Office, Avinashi, Tiruppur District Page No.4 of 5

P. VELMURUGAN, J.

klt and W.M.P.No.33981 of 2023 11.12.2023 Page No.5 of 5