Rajapandian v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P(MD)No.3088 of 2025 Rajapandian ... Appellant / Petitioner Vs.

1.The Revenue Divisional Officer, Kovilpatti Sub Division, 2.The Tahsildar, Ottapidaram Taluk, 3.The Sub Registrar, Ottapidaram Taluk, ... Respondents / Respondents Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to allow the appeal and set aside the order of the learned Judge of this Court in W.P(MD)No.1190 of 2025 dated 20.01.2025.

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For Appellant : Mr.Mahaboob Athiff for Mr.P.Banu Prasath For Respondents : Mr.A.Kannan Additional Government Pleader

JUDGMENT

(By G.R.SWAMINATHAN, J.) Heard both sides.

2.The appellant herein wants to purchase the petition mentioned piece of land. A sale deed dated 07.01.2025 was presented for registration before the Sub Registrar, Ottapidaram Taluk. The registering authority citing the communication of the Tahsildar, Ottapidaram Taluk declined to register the document. Challenging the same, the appellant filed W.P(MD)No.1190 of 2025. The learned single Judge vide order dated 20.01.2025 dismissed the writ petition on the ground that the assignment condition had been breached in this case. Aggrieved by the same, this Writ Appeal has been filed. 3.As rightly pointed out by the learned counsel for the appellant, the registering authority has cited only the communication of the jurisdictional 2/4

Tahsildar for declining to register the document. Our attention is drawn to the order dated 29.04.2019 in W.P(MD)No.10772 of 2019 in which the communication issued by the Tahsildar, Ottapidaram had already been quashed by this Court. In other words, a communication that was quashed by this Court has been relied upon by the registering authority. The revenue official cannot restrain the registering authority from carrying out his statutory functions. This aspect of the matter has not been taken note of by the learned single Judge. The order of the learned single Judge is set aside. 4.This Writ Appeal is allowed accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [K.R.S., J.] 28.07.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The Revenue Divisional Officer, Kovilpatti Sub Division, 3/4

G.R.SWAMINATHAN, J and K.RAJASEKAR, J.

MGA 2.The Tahsildar, Ottapidaram Taluk, 3.The Sub Registrar, Ottapidaram Taluk, 28.07.2025 4/4