Pandiyan.N.R.S.K v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.1613 of 2022 N.R.S.K.Pandiyan ... Petitioner Vs

1. The District Registrar, Tenkasi District Registration, Tenkasi.

2. The Sub Registrar, O/o.Sub Registrar, Puliyangudi, Tenkasi District.

3. The Deputy Inspector General of Registration, Tirunelveli District, Tirunelveli.

4. The Tahsildar, Kadayanallur Taluk, Tenkasi District, Tenkasi.

5. S.Kamal Abdul Nazar ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records on the file of the first respondent in connection with the impugned order passed by him in his 1/5

proceedings in Na.Ka.No.344/A2/2021 dated 14.12.2021 and quash the same as ultra views and unconstitutional.

For Petitioner : Mr.K.Gurunathan For R-1 to R-4 : Mr.S.Saji Bino Special Government Pleader For R-5 : Mr.R.J.Karthick

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorari, to quash the impugned order dated 14.12.2021.

2. The brief facts of the case are that the petitioner's ancestors had a larger extent of the property and has sold several properties by sub-dividing the same. The fifth respondent purchased certain portions of the property from the descendants of the petitioner's ancestors as well as from the petitioner himself. Further, a portion of the property was acquired by the Government, for which the petitioner received compensation.

3. The contention of the fifth respondent is that the entire property belonging to the petitioner's ancestors are sold and a portion has been acquired and therefore, no land remains with the petitioner. Now, the petitioner is claiming a portion of the land which is not available to him. Hence, there was a dispute 2/5

between the petitioner and the fifth respondent. The fifth respondent has submitted a petition before the authorities and the same was enquired and the present impugned order was passed.

4. In the impugned order, it is seen that the petitioner has an appellate remedy which ought to have been filed within 60 days. The petitioner without filing the appeal and invoking the alternative remedy, has filed the present petition. Though the question of limitation arises, this Court is inclined to condone the delay. Accordingly, the petitioner is directed to file an appeal within a period of four (4) weeks from the date of receipt of a copy of this order. On such presentation, the official respondents shall consider the appeal after issuing notice to the fifth respondent, within a period of twelve (12) weeks therefrom.

5. With the above said directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

29.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr 3/5

To:

1. The District Registrar, Tenkasi District Registration, Tenkasi.

2. The Sub Registrar, O/o.Sub Registrar, Puliyangudi, Tenkasi District.

3. The Deputy Inspector General of Registration, Tirunelveli District, Tirunelveli.

4. The Tahsildar, Kadayanallur Taluk, Tenkasi District, Tenkasi.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 29.07.2025 5/5