Gopal v. The District Registrar,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY Gopal ... Petitioner vs.
1.The District Registrar, Office of District Registrar, Ramanathapuram, Ramanathapuram District.
2.The Sub Registrar, Office of Sub Registrar, Velipattinam, Ramanathapuram District.
3.The Special Tahsildar (Land Acquisition), Indian Naval Station, Parunthu (I.N.S.), Ramanathapuram, Ramanathapuram District.
... Respondents 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 entire records in connection with the impugned Refusal Check Slip dated 24.04.2025 bearing Refusal Number RLF/ntspg;gl;bdk;/18/2025 to quash the same as unconstitutional and illegal, consequently, to direct the 2nd respondent herein to register the settlement deed dated 24.04.2020 in respect of the property in S.No. 279/1A to an extent of 2 Acres 4 Cents situated at Perungulam Ulkadai Usilankattuvalasai Village, Ramanathapuram Taluk, Ramanathapuram District. 1/5
For Petitioner : Mr.D.Balamurugapandi For Respondents : Mr.S.Saji Bino Special Government Pleader *****
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned Refusal Check Slip dated 24.04.2025 bearing Refusal Number RLF/ntspg;gl;bdk;/18/2025 and consequently, to direct the 2nd respondent herein to register the settlement deed dated 24.04.2020 in respect of the property in S.No.279/1A to an extent of 2 Acres 4 Cents situated at Perungulam Ulkadai Usilankattuvalasai Village, Ramanathapuram Taluk, Ramanathapuram District. 2.The contention of the petitioner is that he is owning 2 Acres 4 Cents in the said land and he is intended to give the said property to his son through settlement deed dated 24.04.2020. But the respondents are refusing to register the same stating that there is acquisition proceedings by the Indian Naval Station located at Ramanathapuram District. But it is seen that the said acquisition proceedings was not acted upon and it was dropped over a period of time.
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3.The learned Special Government Pleader appearing for the respondents submitted that even though the previous acquisition proceedings was dropped, now, there is a reinitiation of acquisition proceedings for which he relied on the letter, dated 03.04.2025 in D.O.Letter No.5132/Military/2024-5. There are several proceedings in one of the proceedings, dated 23.04.2025, it is requested to send the land schedule in order to proceed further. The learned Special Government Pleader appearing for the respondents further submitted that since the reinitiation of acquisition proceedings is there, the respondents are objecting to register the said sale deed.
4.After considering the rival submissions, this Court is of the considered opinion that since it is only a settlement deed, the respondents have no valid ground to refuse to register the same and the acquisition by the Indian Naval Station is only in initial stage. The Indian Naval Station cannot object in the initial stage itself. If the Indian Naval Station is intended to acquire the same, it can be done as per law.
5.Therefore, the respondents are directed to register the settlement deed. If any acquisition proceedings are done by the Indian Naval Station, the settlee in the settlement deed is entitled to the compensation under the acquisition proceedings. However, if the settlee is intended to put any construction or 3/5
develop the land, he may seek permission from the Indian Naval Station and thereafter, proceed further.
6.With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.
03.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To:
1.The District Registrar, Office of District Registrar Office, Ramanathapuram, Ramanathapuram District.
2.The Sub Registrar, Office of Sub Registrar Office, Velipattinam, Ramanathapuram District.
3.The Special Tahsildar (Land Acquisition), Indian Naval Station, Parunthu (I.N.S.), Ramanathapuram, Ramanathapuram District.
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S.SRIMATHY , J.
Tmg ORDER MADE IN DATED : 03.06.2025 5/5