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Madras High CourtWP(MD)/4478/2020allowed

K.Ponnuthai v. The Revenue Divisional Officer

2020-12-10Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2020

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.4478 of 2020 K.Ponnuthai

...Petitioner

-Vs1.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 is filed under Article 226 of Constitution of India, to issue a writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the third respondent in his proceedings RFL/Ottapidaram/51/2019 dated 13.09.2019, quash the same as illegal and consequently, directing the third respondent to register the sale deed presented by the petitioner on 13.09.2019 in respect of punja land to an extent of 1 Acre situated in Resurvey No.482/4A1, Ottapidaram Taluk, Panchalankurichi Village.

For Petitioner : Mr.P.Banuprasath For Respondents : Mr.K.Sathiya Singh Additional Government Pleader

ORDER

The petitioner has come forward with this Writ Petition, challenging the impugned order passed by the third respondent dated 13.09.2019 and seeking consequential direction to direct the third respondent to register the sale deeds presented by the petitioner on 13.09.2019 in respect of punja land to an extent of 1 Acre situated in Resurvey No.482/4A1, Ottapidaram Taluk, Panchalankurichi Village.

2.Heard the learned Counsel appearing for the petitioner and Mr.K.Sathiya Singh, learned Additional Government Pleader appearing for the respondents.

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3.According to the petitioner, she had purchased the agricultural land measuring to an extent of 1 acre in Resurvey No.482/4A1 situated at Panchalankurichi Village, Ottapidaram Taluk, from Mr.Balasubiramaniya Kattapommathurai and J.Rajammal through a registered sale deed dated 07.03.2003 and she has been in possession and enjoyment of the said property. The petitioner sold the said land to three persons, namely, 1) Mr.Ponnusamy, S/o.Shanmugam, 2) Ithayaganesh, S/o.Ponnusamy and 3) Elampiraimanimaran, S/o.Ponnusamy through sale deed dated 13.09.2019. The same were presented before the third respondent for registration with necessary stamp duty. On the same day itself, the third respondent, by the impugned proceedings dated 13.09.2019, has refused to register the same, citing the objection given by the second respondent, by his proceedings dated 27.08.2013. Challenging the same, the present Writ Petition is filed.

4.This Court is of the view that the third respondent has refused to register the documents presented by the petitioner on the ground that there is an order of prohibition issued by the second respondent. The revenue authorities have no right to take the role of statutory function. If the land in question is in prohibited index, then the third respondent may be right in refusing to register the document. Similarly, there is no order of Court restraining him from registering the document. 5.When the matter is taken up for hearing, the learned counsel appearing for the petitioner would submit that the issue is already covered by the decision of this Court in W.P(MD)No.4512 of 2020, dated 14.10.2020 and that this Court had directed the authority to register the document presented by the petitioner therein.

6.In view of the above, this Writ Petition stands allowed. The impugned order in this Writ Petition is set aside and the authority concerned is directed to register the document unless it is prohibited by law. No costs.

Sd/- Assistant Registrar (CRL.SIDE) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3

SRM Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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.

+1 CC to Mr.P.BANUPRASATH, Advocate ( SR-24959[F] dated 10/12/2020 ) Order made in W.P.(MD)No.4478 of 2020 10.12.2020 MJ(CO) KM (21.12.2020) 3P 5C 3/3