Madras High CourtWP(MD)/13059/2023disposed of

S.V.Sumithra v. The Sub Registrar

2023-06-06Honourable Mr Justice C.V. Karthikeyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN S.V.Sumithra ... Petitioner Vs.

1.The Sub-Registrar, Paramakudi Sub-Registrar office, Ramanathapuram District.

2.The Town Surveyor, Paramakudi Municipality, Paramakudi, Ramanathapuram District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, call for the records in refusal check slip in RFL/Paramakudi/12/2023 dated 24.04.2023 on the file of the 1st respondent quash the same and consequently direct the 1st respondent to accept and register rectification deed dated 24.05.2023 forthwith. For Petitioner : Mr.S.Kumar For Respondents : Mr.M.Prakash Additional Government Pleader 1/4

ORDER

This writ petition has been filed in the nature of certiorarified mandamus seeking interference with the refusal check slip in RFL/Paramakudi/12/2023 dated 24.04.2023 on the file of the first respondent, Sub Registrar, Paramakudi, Sub Registrar Office, Ramanathapuram District and consequently direct the first respondent to register rectification deed presented for registration which was dated 24.04.2023.

2. The petitioner had earlier registered a settlement deed on 31.12.2018, which was registered as document No.4595 of 2018 in the office of the first respondent/ Sub Registrar, Paramakudi Sub Registrar Office. Thereafter, the petitioner had moved over to the revenue authorities for correction of records. There they found that the survey number was not properly given and sought a rectification. The petitioner, therefore, presented a rectification of the earlier settlement deed. That was refused to be registered, since, it is contended that the area of the land varied from that of the revenue records.

3. If the land is identifiable and the boundaries are determinable, then the rectification deed can be registered, provided, it has been presented by the 2/4

proper parties and in accordance with rules and regulations by paying necessary stamp duty and registration charges.

4. A direction is given to the first respondent to examine these aspects and proceed further with registration, and if required, notice may be issued to any other party. But if the document is otherwise proper, then the rectification deed may be registered. The same may be done within a period of eight weeks from the date of presentation before the first respondent.

5. Writ Petition stands disposed of. No costs. 06.06.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No pnn 3/4

C.V.KARTHIKEYAN, J.

pnn To 1.The Sub-Registrar, Paramakudi Sub-Registrar office, Ramanathapuram District.

2.The Town Surveyor, Paramakudi Municipality, Paramakudi, Ramanathapuram District.

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