Megthalin Joseph Sagayam v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2025

CORAM

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN 1.Megthalin Joseph Sagayam 2.Leorex Sebastian .. Petitioners Vs.

1.The District Registrar, Karur, Karur District.

2.The Sub Registrar, Melakarur, Karur District.

3.The Assistant Director, Director of Town and Country Planning, No.9, First Floor, Lakshmipuram North, Karur District - 639 001.

4.The Commissioner, Karur Municipality, Karur.

.. 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 check slip having Refusal Number RFL/Melakarur /30/2024 dated 16.04.2024 issued by the 2nd respondent and also seeking to register the Settlement Deed dated 16.04.2024 relating to the land in Survey No.241/B, New Natham Survey No.155/1 now sub divided as Survey No.155/7 measuring to an extent of 9905 Sq.feet situated at Karur, Karur Taluk, Karur District by considering the petitioners' representation dated 31.12.2024.

For Petitioners : Mr.V.Sukumar For R-1 to R-3 : Mr.N.Ramesh Arumugam Government Advocate For R-4 : Mr.E.Sathish for Mr.K.Balasubramani Standing Counsel

ORDER

This Writ Petition is filed challenging the impugned check slip having Refusal Number RFL/Melakarur /30/2024 dated 16.04.2024 issued by the second respondent and also seeking to register the Settlement Deed dated 16.04.2024 relating to the land in Survey No.241/B, New Natham Survey No.155/1 now sub divided as Survey No.155/7 measuring to an extent of 9905 Sq.feet situated at Karur, Karur Taluk, Karur District by considering the petitioners' representation dated 31.12.2024.

2. The petitioners state that the subject matter of this Writ Petition is the lands situated in Survey No.241/B, New Natham Survey No.155/1, sub divided as Survey No.155/7 and measuring an extent of 9905 Sq.ft at Karur Taluk and District. They state that the property originally belonged to one Vadivel Pillai. He had executed a sale deed in favour of the following persons on 14.12.1965:

(i) A.Karuppanna Gounder, (ii) P.Karuppanna Gounder and (iii) K.Kaliyanna Gounder.

3. A.Karuppanna Gounder executed a "WILL" in favour of his son, Ettiappan by way of a registered WILL in Document No.21/1974. Karuppanna Gounder passed away and Ettiappan became a co-owner of the property. On 18.08.1978, the petitioners' mother purchased the property for and on behalf of the petitioners herein, as their guardian. Subsequently, a partition suit came to be instituted in the family of the petitioners in O.S. No.152 of 1999 on the file of the Subordinate Court at Karur. The suit came to be decreed on 25.04.2001. The property, which is the subject matter of the Writ Petition, was allotted to the share of the petitioners by the learned Subordinate Judge.

4. The petitioners decided to settle the property in favour of their respective spouses, namely, Monica Amalorpava Mary (wife of the first petitioner) and Arockia Mary (wife of the second petitioner). The said settlement deed was presented for registration and it was rejected by the impugned order. The ground for refusal of registration is that "No Objection Certificate" has to be obtained from the Director of Town and Country Planning, Chennai, in the light of the order passed by this Court in W.P. (MD).No.2895 of 2011 dated 04.04.2016. Challenging the same, the present Writ Petition.

5. When the matter was taken up for admission, Mr.N.Ramesh Arumugam submitted that pursuant to the orders of this Court in W.P.

(MD).No.2895 of 2011, the properties, which had been earmarked as public area/public spaces, had been alienated, which constrained this Court to interfere. Hence, he sought time to get instructions. Accordingly, the matter was adjourned.

6. I heard Mr.V.Sukumar for the petitioners, Mr.N.Ramesh Arumugam, learned Government Advocate for the respondents 1 to 3 and Mr.E.Sathish for K.Balasubramani, learned Standing Counsel for the fourth respondent.

7. Mr.N.Ramesh Arumugam has produced written instructions from the District Town and Country Planning Authority. For ready reference, the instruction is scanned and extracted hereunder:

8. A perusal of the order passed in W.P.(MD).No.2895 of 2011 shows that the extent of property covered by the said order is 12.97 acres. If the property falls outside the scope of 12.97 acres, the necessity for getting an approval from the Town and Country Planning Authority does not arise. The instructions scanned and attached above shows that this property falls outside L.P.R (CN) No.134/1981. As the lands are not covered by the layout, there is no necessity for the petitioner to obtain DTCP approval.

9. Accordingly, the impugned order is quashed. The Writ Petition stands allowed. There shall be a direction to the second respondent to register the settlement deed executed by the petitioners in favour of their respective spouses subject to payment of registration fees. The said exercise shall be completed within a period of two (2) weeks from the date of uploading of this order on the website of this Court. There shall be no order as to costs.

25.04.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Lm

To 1.The District Registrar, Karur, Karur District.

2.The Sub Registrar, Melakarur, Karur District.

3.The Assistant Director, Director of Town and Country Planning, No.9, First Floor, Lakshmipuram North, Karur District - 639 001.

4.The Commissioner, Karur Municipality, Karur.

V.LAKSHMINARAYANAN,J.

Lm 25.04.2025