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Madras High CourtWP(MD)/11677/2022allowed

Koilraj.S v. The Revenue Divisional Officer

2022-06-29Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.Koilraj ... Petitioner Vs 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.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the third respondent in his proceedings RFL/Ottabitaram No.18/2022 dated, 23.05.2022 and quash the same as illegal and consequently, direct the third respondent to register the sale deed presented by the petitioner on 23.05.2022 in respect of house land site bearing 9532.19 sq.ft and 6807.75 sq.ft and 3393.0 sq.ft (43 cents) situated in Resurvey No.13/2B2B Panchalankurichi Village, Ottapidaram Taluk, Thoothukudi District.

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For Petitioner : Mr.P.Banuprasath For Respondents : Mr.J.K.Jayaseelan Government Advocate

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Government Advocate appearing for the respondents.

2. The petitioner is the purchaser of the petition mentioned property. When the sale deed was presented for registration, the third respondent declined to register the same by citing the impugned communication issued by the Tahsildar.

3. The learned counsel appearing for the petitioner draws my attention to the order dated 16.10.2015 made in W.P(MD)No.17060 of 2015. The said Writ Petition also involved the very same issue. The said order was followed in a number of decisions. Since the case on hand is covered by the same, the impugned order is quashed. The registering authority is directed to register the petition mentioned sale deed and release the same subject to fulfilment of the usual formalities.

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4. This writ petition is allowed. No costs.

29.06.2022 Index : Yes / No Internet : Yes/ No mga 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.

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G.R.SWAMINATHAN, J.

mga W.P(MD)No.11677 of 2022 29.06.2022 4/4