P.Elango v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :16.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY P.Elango ... Petitioner vs.

1. The Tahsildar, Office of the Tahsildar, Peraiyur, Madurai District.

2. The Sub Registrar, Elumalai Sub Registrar Office, Elumalai, Madurai District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to quash the records of the Impugned Refusal Check Slip refusal check slip in RFL/Elumalai /36/2025 dated 15.05.2025 on the file of the 2nd respondent and consequently to direct the 2nd respondent to receive and register the sale deed dated 15.05.2025 executed the petitioner in favour of one Sangili wife of Palsami in respect of land in S.No.8/4 to an extent of 1 acre and 26 cents situated in Thullukuttinayakanur Village, Peraiyur Block, Madurai District.

For Petitioner : Mr.R.Ganeshprabu For Respondents : Mr.S.Kameshwaran Government Advocate 1/4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus to quash the records of the Impugned Refusal Check Slip in RFL/Elumalai /36/2025 dated 15.05.2025 on the file of the 2nd respondent and also seeking consequential direction to the 2nd respondent to receive and register the sale deed dated 15.05.2025 executed by the petitioner in favour of one Sangili wife of Palsami in respect of land in S.No.8/4 to an extent of 1 acre and 26 cents situated in Thullukuttinayakanur Village, Peraiyur Block, Madurai District.

2. It is seen from the impugned refusal check slip that the land was marked as 'jhpR'. Therefore, the guideline value was taken as zero.

3. However, the learned counsel appearing for the petitioner brought to the notice of this Court that, as clarified by the Tahsildar in a letter dated 13.12.2018, the Patta was issued in the name of the petitioner's father. The Tahsildar also previously clarified that the land, which was classified as 'Punja' in the UDR, was later modified as 'jhpR'. The computer survey has also been produced before this Court, wherein the land has been described as 'private land'. Therefore, the impugned order is liable to be set aside. 2/4

4. Accordingly, this writ petition is allowed. The impugend Refusal Check Slip in RFL/Elumalai /36/2025 dated 15.05.2025, is hereby quashed. The 2nd respondent is directed to consider the petitioner's case and register the document within a period of four weeks from the date of receipt of a copy of this order. The learned counsel for the petitioner submitted that the same survey number was subsequently clarified, and the 2nd respondent department has registered a similar document, which has been annexed in the typed set of papers and may also be taken into consideration. There shall be no order as to costs. 16.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA To:

1. The Tahsildar, Office of the Tahsildar, Peraiyur, Madurai District.

2. The Sub Registrar, Elumalai Sub Registrar Office, Elumalai, Madurai District.

3/4

S.SRIMATHY , J.

KSA ORDER MADE IN DATED :16.06.2025 4/4