Shehanaz Banu. S v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.8300 of 2024 S.Shehanaz Banu .. Petitioner Vs.

1. The District Registrar Madurai Registration District, Madurai District.

2. The Revenue Divisional Office Er/competent Authority of Land Acquisition, Madurai, Madurai District.

3. The Sub-Registrar Joint-4, Registrar Office, Madurai South, Madurai District

4. The Sub Registrar Sub Registrar Office, Nagamalai Pudukottai, Madurai District .. Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Ceritiorarified Mandamus, to call for the records relating to the impugned communication issued by the 4th respondent in pending Doc. No.P.230/2022 dated 13.02.2023 and quash the same as illegal and 1/6

consequently direct the 4th respondent to register petitioner's document which is pending in pending Doc. No.P.230/2022 and release the same with in a time frame fixed by this Court.

For Petitioner : Mr.I Abrar Mohamed Abdullah For Respondents : Mr.S.Saji Bino Special Government Pleader

ORDER

This Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned communication issued by the 4th respondent in pending Doc. No.P.230/2022 dated 13.02.2023 and consequently direct the 4th respondent to register petitioner's document with in a time frame fixed by this Court.

2. It is the case of the petitioner that on 13.09.2022 the petitioner had presented a draft sale deed before the 3rd respondent to purchase the property in R.S.No.61/1B bearing to an extent of about 36.4 cents from his vendors. Thereafter, the 2nd respondent has issued a proceedings dated 29.04.2022 directed the 3rd respondent not to register any deed of properties for the reason that land acquisition process is pending for National Highways in those ares. In the meanwhile, the jurisdiction of those villages amalgamated with 4th respondent. In such time, on 13.02.2023 the 4th respondent sent impugned communication to the 2/6

petitioner indicating that he should obtain NOC from the 2nd respondent. Therefore, on 18.02.2023 the petitioner sent representation to the 4th respondent requesting time to obtain NOC from the 2nd respondent for registration of his document. After litigation before this Court, the petitioner came to know that in the acquisition notification dated 13.09.2022 very clearly stated that area to be acquired in R.S.No.61/1B is only 30.60 cents out of 67 cents. However, he intended to purchase remaining portion of areas i.e., 36.4 cents, therefore, there is no necessity to the petitioner to obtain NOC from the 2nd respondent. In similar circumstances the very same 4th respondent registered remaining portion of properties involved in acquisition proceedings without getting NOC from the 2nd respondent. Therefore, the petitioner claims to register the said property without getting NOC.

3. Heard both sides and perused the materials available on record.

4. It is seen from the records that, since there is a double entry in respect of subject property, the registration cannot be refused. Hence, the impugned communication dated 13.02.2023 is hereby quashed and this Writ Petition is disposed of. The fourth respondent is directed to register the petition mentioned document within a week from the date of receipt of a copy of this order without 3/6

insisting NOC from the petitioner. No costs. Consequently, connected miscellaneous petition is closed.

08.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes Ksa 4/6

To

1. The District Registrar Madurai Registration District, Madurai District

2. The Revenue Divisional Office Er/competent Authority of Land Acquisition, Madurai, Madurai District

3. The Sub-Registrar Joint-4, Registrar Office, Madurai South, Madurai District

4. The Sub Registrar Sub Registrar Office, Nagamalai Pudukottai, Madurai District 5/6

S.SRIMATHY , J.

Ksa DATED : 08.08.2025 6/6