K.Murugapandi v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :09.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY K.Murugapandi ... Petitioner vs.

The Sub Registrar, Melaneelithanllur, Tenkasi District.

...Respondent

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of the impugned Refusal Check Slip issue by the respondent in refusal number: RFL/Melaneelithanallur/14/2025 dated 13.02.2025 and to quash the same as illegal and consequently, to direct the respondent to register to the document presented by the petitioner with regard to the Joint Patta Numbers : 1294, 1896, 2443, 6210, 1678, 2446, 998, 2447, 2444, 2448, located in the survey No.30/3 measuring the northern 32 1⁄2 cents, Survey No.34/4 measuring the northern 82 cents, Survey No.27/2B measuring the southern 56 cents, Survey No.122/2 measuring the lower 35 cents, Survey Nos.68/1A, 1B, 1C and 1D measuring the southern side 1 acre and 22 cents and Survey Nos.60/2A, 2B, 2C and 2D measuring the southern side 1 acre and 1⁄2 cent, all situated at Achchamapatti Village, Manur Union Panchayat, Tenkasi District, within a time frame fixed by this Court.

For Petitioner : Mr.R.J.Karthick For Respondent : Mr.D.Sasikumar Additional Government Advocate 1/4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned Refusal Check Slip issue by the respondent in refusal number:RFL/Melaneelithanallur/14/2025 dated 13.02.2025 and consequently, to direct the respondent to register tot he Joint Patta Numbers : 1294, 1896, 2443, 6210, 1678, 2446, 998, 2447, 2444, 2448 situated at Achchamapatti Village, Manur Union Panchayat, Tenkasi District, within a time frame fixed by this Court.

2.The learned Counsel appearing for the petitioner submitted that the petitioner is entitled to the land in the survey number stated in the joint patta based on the judgment and decree passed in O.S.No.8 of 2009 on the file of the Additional District Munsif Court, Sankarankovil, wherein the prayer is for permanent injunction restraining the defendants from interfering with larger extent of the land. The said suit was allowed based on the compromise memo filed by the parties. The petitioner is entitled to the said land based on the said decree and the extent of the land which the petitioner is holding is also stated in the decree. Therefore, there is no impediment for the respondent to register the same.

3.Even though this Court directed the petitioner to survey the 2/4

property and sub divide the portion allotted to the petitioner, on reading the decree it is seen that the petitioner's entitlement to the measurement of the said lands is also clearly mentioned. Therefore, the respondents are directed to register the same and release the document within a period of four weeks from the date of receipt of a copy of this order.

4.With the above observations, this Writ Petition is allowed. There shall be no order as to costs.

09.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To:

The Sub Registrar, Melaneelithanllur, Tenkasi District 3/4

S.SRIMATHY , J.

Tmg ORDER MADE IN DATED :09.06.2025 4/4