Nachiyappan v. The Commissioner / Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Nachiyappan ... Petitioner Vs.

1. The Commissioner / Director, Tamil Nadu Boomidhana Board, Commissioner of Land Reforms, Chepauk, Chennai.

2. The District Registrar, O/o. the District Registrar, Department of Commercial Taxes and Registration, Sivagangai District, Sivagangai.

3. The Sub Registrar, O/o. the Sub Registrar, Department of Commercial Taxes and Registration, Kalaiyarkovil, Sivagangai District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, call for the records relating to the impugned receipt issued by the 3rd respondent refusal check slip No. RFL/Kalaiyarkovil/27/2024 dated 08.04.2024 and quash the same and consequently directing the 3rd respondent to register the General Power deed document dated 04.04.2024.

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For Petitioner : Mr. V. Karuna For Respondents : Mr. G. Suriya Ananth, for R1 to R3 Addl. Govt. Pleader

ORDER

The present Writ Petition has been filed to quash the impugned receipt issued by the 3rd respondent refusal check slip No. RFL/Kalaiyarkovil/27/2024 dated 08.04.2024 and consequently, to direct the 3rd respondent to register the General Power deed document dated 04.04.2024. 2.Through the impugned order, the respondent has stated that the subject land is classified as Boomidhana land. Therefore, under Section 22-A of the Registration Act, the respondent has not registered the same. 3.The learned counsel appearing for the petitioner, however, brought to the knowledge of this Court that the said land is not a Boomidhana land. It was contested in O.S.No.174 of 2007 on the file of the learned District Munsif Court, Sivagangai and the same was decreed vide order dated 22.08.2012. Therefore, the third respondent after considering the same and in the light of the judgment and decree dated 22.08.2012, can register the property. 2/5

4.The learned Additional Government Pleader appearing for the official respondents however submitted that if it is Boomidhan land, the respondent cannot register the same.

5.After elaborate arguments made on either side, this Court is of the considered opinion that the impugned order is liable to be quashed based on the judgment and decree passed by the learned District Munsif Court, Sivangangai, in O.S.No.174 of 2007 dated 22.08.2012.

6.Accordingly, this writ petition stands allowed. The impugned receipt issued by the 3rd respondent refusal check slip No. RFL/Kalaiyarkovil/27/2024 dated 08.04.2024 is hereby quashed and the matter is remitted back to the third respondent to reconsider in the light of judgment and decree dated 22.08.2012 and and pass appropriate orders in accordance with law. The said exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

29.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes vsg 3/5

To

1. The Commissioner / Director, Tamil Nadu Boomidhana Board, Commissioner of Land Reforms, Chepauk, Chennai.

2. The District Registrar, O/o. the District Registrar, Department of Commercial Taxes and Registration, Sivagangai District, Sivagangai.

3. The Sub Registrar, O/o. the Sub Registrar, Department of Commercial Taxes and Registration, Kalaiyarkovil, Sivagangai District.

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S.SRIMATHY , J.

vsg ORDER MADE IN DATED :29.08.2025 5/5