A.S.Mahasreerajhan v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN A.S.MahaSreeRajhan ... Petitioner /Vs./

1. The District Registrar, Tiruchirappalli Registrar Office, Tiruchirappalli District.

2. The Sub Registrar, Thiruverumbur, Tiruchirappalli District.

3. Maha Jeyasree ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned check slip in RFL/Thiruverumbur/402/2024 dated 09.12.2024 issued by the 2nd respondent and quash the same as illegal and directing the 2nd respondent to register the settlement deed dated 09.12.2024 executed by the petitioner in favour of the 3rd Respondent pertaining the property situated in S.No.130/2A in Plot No.11 to the extent of 2200 Sq.ft and Plot No.12 to the extent of 1760 Sq.ft, total extent of 3960 Sq.ft out of 2 Acre 37 Cents in VIP TOP CITY IN J.B.NAGAR in Sooriyur Village, Thiruverumbur Taluk, Tirucirappalli District and release the same.

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For Petitioner : Mr.S.A.Ajmalkhan For Respondents : Mr.M.Sarangan Addl. Government Pleader (R1 & R2)

ORDER

This writ petition has been filed challenging the refusal check slip issued by the second respondent thereby refused to register the settlement deed dated 09.12.2024 on the ground that the property comprised in S.No.130/2A in Plot No.11 measuring to the extent of 2200 Sq.ft and Plot No.12 measuring to the extent of 1760 Sq.ft, total extent of 3960 Sq.ft out of 2 Acre 37 Cents in VIP TOP CITY IN J.B.NAGAR in Sooriyur Village, Thiruverumbur Taluk, Tirucirappalli District is valueless, since it is already declared as 'surplus land' under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 by the authorities.

2. Considering the nature of the order going to be passed in this writ petition, notice to the third respondent is dispensed with. Heard the learned counsel on either side and perused the materials placed before this Court.

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3. The property comprised in S.No.130/2A in Plot No.11 measuring to the extent of 2200 Sq.ft and Plot No.12 measuring to the extent of 1760 Sq.ft, total extent of 3960 Sq.ft out of 2 Acre 37 Cents in VIP TOP CITY IN J.B.NAGAR in Sooriyur Village, Thiruverumbur Taluk, Tirucirappalli District, originally belongs to Santhiyagu. He died on 15.02.2012. After his demise, his legal heirs derived title over the subject property and they had executed the power of attorney in favour of one Jeyakumar and Balaji, to deal with the property registered vide Document No.258 of 2012.

4. From the power holders, the petitioner had purchased the subject property by the registered sale deed dated 14.07.2014 vide Document No.3759/14. Thereafter, the petitioner intended to settle the subject property in favour of his wife and executed the settlement deed on 09.12.2024 and presented the same for registration. However, it was refused to register the same on the ground that the subject property has already been declared as surplus.

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5. The subject property has already been declared as surplus under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 as per the communication of the Revenue Divisional Officer, Tiruchirappalli, dated 07.12.2022. Therefore, the petitioner was rightly directed to obtain no objection certificate for further registration in respect of the subject property. If once the land is declared as surplus under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961, any sale made in respect of the subject property is void.

6. In view of the above, this Court does not find any infirmity or illegality in the order passed by the second respondent. This writ petition is devoid of merits and is liable to be dismissed. Accordingly, this writ petition is dismissed. However, the petitioner is at liberty to obtain no objection certificate from the concerned Revenue Divisional Officer and represent the settlement deed for registration. There shall be no order as to costs.

24.01.2025 Index : Yes / No NCC : Yes / No Sm 4/6

TO:-

1. The District Registrar, Tiruchirappalli Registrar Office, Tiruchirappalli District.

2. The Sub Registrar, Thiruverumbur, Tiruchirappalli District.

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G.K.ILANTHIRAIYAN , J.

Sm Order made in Dated:

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