Vellasamy.K v. The Revenue Divisional Officer
W.P.(MD).No.12396 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.07.2021
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.12396 of 2021 K.Vellasamy S/o.Kalimuthu ... Petitioner Vs.
1.The Revenue Divisional Officer, Kovilpatti Sub Division, Thoothukudi District.
2.The Tahsildar, Ottapidaram Taluk, Thoothukudi District.
3.The Sub-Registrar, Ottapadiram Sub Registrar Office, Ottapidaram, Thoothukudi District.
... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of 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.44/20211, dated 15.07.2021 and quash the same as illegal and consequently directing the third respondent to register the sale deed presented by the petitioner on 15.07.2021 in respect of punja land to an extent of 1.21.5 Hectares (3 Acres) situated in Resurvey No.505/2, Ottapidaram Taluk, Panchalankurichi Village comprised in Patta No.1268. For Petitioner : Mr.P.Banuprasath For Respondents : Mr.M.Lingadurai
ORDER
This Writ Petition has been filed challenging the impugned refusal check slip issued by the third respondent, dated 15.07.2021, refusing to entertain the document presented for registration by citing the instructions given by the Tahsildar, Ottapidaram, dated 12.04.2013.
2. Heard Mr.P.Banuprasath, learned counsel appearing on behalf of the petitioner and Mr.M.Lingadurai, learned Government Advocate appearing on behalf of the respondents.
3. It is seen from the records that this Court has passed series of orders in this regard and has categorically held that the revenue authorities cannot issue prohibitory orders and restrain the https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD).No.12396 of 2021 registering authority from discharging their statutory function. The present case is also squarely covered by these orders.
4. Accordingly, the impugned refusal check slip issued by the third respondent is hereby quashed and there shall be a direction to the third respondent to entertain the document and register the same, if it is otherwise in order and the necessary stamp duty and registration charges are paid. The document shall be released after registration.
5. This writ petition is allowed with the above direction. No Costs.
Sd/- Assistant Registrar (Crl) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To, 1.The Revenue Divisional Officer, Kovilpatti Sub Division, Thoothukudi District.
2.The Tahsildar, Ottapidaram Taluk, Thoothukudi District.
3.The Sub-Registrar, Ottapadiram Sub Registrar Office, Ottapidaram, Thoothukudi District.
+1 CC to M/s.P.BANU PRASATH, Advocate (SR-23668[F]dated 23/07/2021 ) +1 CC to M/s.SPL GP ( SR-24007[F] dated 27/07/2021 ) W.P.(MD).No.12396 of 2021 Dated :23.07.2021 RK (02.08.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2