Arunachalam.M v. The Revenue Divisional Officer

1 W.P.(MD)NO.3902 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.3902 of 2022 M. Arunachalam ... Petitioner Vs.

1. The Revenue Divisional Officer, Kovilpatti Sub Division, Thoothukudi District.

2. The Tahsildar, Ottapidaram Taluk, Thoothukudi District.

3. The Sub-Registrar, Ottapidaram Sub Registrar Office, Ottapidaram, Thoothukudi District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 3rd Respondent in his proceedings RFL/Ottabidaram No.48/2019 dated 07.08.2019 and quash the same as illegal and consequently directing the 3rd respondent to register the sale deed presented by the petitioner on 07.08.2019 in respect of the house site bearing Plot No.46 to the extent of 1749 sq.ft (4.015 cents) situated in Resurvey No.13/1, Panchalankurichi Village, Ottapidaram Taluk, Thoothukudi District.

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2 W.P.(MD)NO.3902 OF 2022 For Petitioner : Mr.Banuprasath For Respondents: Mr.J.K. Jayaseelan, Government Advocate.

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O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for the respondents.

2. The petitioner is the purchaser of the petition mentioned property. When the sale deed was presented for registration, the third respondent declined to register the same by citing the impugned communication issued by the Tahsildar.

3. The learned counsel appearing for the petitioner draws my attention to the order dated 16.10.2015 made in W.P(MD)No.17060 of 2015 ( S.Muthalraj V. The Revenue Divisional Officer, Thoothukudi District ). The 2/4

3 W.P.(MD)NO.3902 OF 2022 said writ petition also dealt with the very same issue. The said order was followed in a number of decisions. Since the case on hand is covered by the same, the impugned order is quashed. The registering authority is directed to register the petition mentioned sale deed and release the same subject to fulfilment of the usual formalities.

4. This writ petition is allowed. No costs.

07.07.2022 Index : Yes / No Internet : Yes/ No PMU To:

1. The Revenue Divisional Officer, Kovilpatti Sub Division, Thoothukudi District.

2. The Tahsildar, Ottapidaram Taluk, Thoothukudi District.

3. The Sub-Registrar, Ottapidaram Sub Registrar Office, Ottapidaram, Thoothukudi District.

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4 W.P.(MD)NO.3902 OF 2022 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.3902 of 2022 07.07.2022 4/4