Senthamilselvi. R v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.564 of 2023 R.Senthamilselvi ... Petitioner vs.

1.The District Registrar, District Registrar Office, Thanjavur-613 010.

2.The Sub Registrar, Sub Registrar Office, Karanthankudi, Thanjavur - 613 001.

3.S.Krishnamoorthy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the Respondents 1 and 2 either to rectify the Survey No.1578/1 instead of 1584/1A or include Survey No.1578/1 with 1584/1A in petitioner's purchased Document No. 1092/2021, dated 08.09.2021 on the file of the second respondent Sub Registrar Office by considering the petitioner's representation, dated 27.12.2022 within the time limit that may be stipulated by this Court. 1/6

For Petitioner :Mr.V.Elangovan For R1 and R2 :Mr.M.Prakash Additional Government Pleader For R3 :Mr.G.Balasubramani *****

O R D E R

This Writ Petition has been filed in the nature of a Mandamus seeking a direction against the first and second respondents, particularly, the second respondent/Sub Registrar, Karanthankudi, Thanjavur District to receive the rectification deed, whenever it is presented by the Writ Petitioner, R.Senthamilselvi, wife of Mohan, residing at No.2533/5, Prasanna Venkatesaperumal Kovil Street, Near Iyyankadi Street, Thanjavur-613 009.

2.Heard Mr.V.Elangovan, learned Counsel for the petitioner, Mr.M.Prakash, learned Additional Government Pleader for the first and second respondents and Mr.G.Balasubramani, learned Counsel for the third respondent.

3.In the affidavit filed in support of the Writ Petition, it had been 2/6

stated that the petitioner had purchased a plot No.5 at S.No.1578/1, Velur Karanthankudi in Tanjore District. Unfortunately, in the document, it had been given as S.No.1584/1. It is stated that when the lay out was formed, Plot Nos.1 to 10 were in S.No.1578/1 and Plot Nos.11 to 19 were in S.No.1584/1. The petitioner had purchased Plot No.5. It obviously fell in S.No.1578/1.

4.However, the learned Additional Government Pleader stated that even in the earlier title deed in the name of the vendor of the petitioner, the plot contained the wrong S.No.1584/1.

5.The learned Counsel for the petitioner however stated that the petitioner had approached the revenue authorities, who had given a certificate with the correct S.No.1578/1.

6.A direction is given to the petitioner herein to present the rectification deed by due process before the second respondent Sub Registrar Officer and when the said document is received, the second respondent may issue notice to the petitioner, examine the lay out of the 3/6

place, examine the rectification of the survey numbers given by the Revenue Authorities and the identification of place and thereafter, proceed to register the rectification deed, if it is otherwise in order. All necessary clarification may obtained by the petitioner herein. The said exercise by the second respondent may be completed within a period of twelve weeks from the date on which, the petitioner presents the rectification deed for registration.

7.The Writ Petition stands disposed of. No costs. Index :Yes / No 31.03.2023 Internet :Yes NCC : Yes/No cmr 4/6

To 1.The District Registrar, District Registrar Office, Thanjavur-613 010.

2.The Sub Registrar, Sub Registrar Office, Karanthankudi, Thanjavur - 613 001.

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C.V.KARTHIKEYAN, J.

cmr Order made in W.P.(MD)No.564 of 2023 31.03.2023 6/6