The District Collector v. K.K.B.Sarbudeen,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE P. VELMURUGAN AND THE HONOURABLE MR.JUSTICE K.K. RAMAKRISHNAN W.A.(MD)No.1433 of 2019 and C.M.P(MD).No.11626 of 2019

1. The District Collector, Pudukkottai.

2. The Tahsildar, Kulathur Taluk, Pudukkottai District.

3. The Sub Registrar, Keeranur, Pudukkottai District.

4. The Deputy Inspector General of Registration, Trichirappalli District, Trichirappalli.

...Appellants /Vs./ K.K.B.Sarbudeen

...Respondent

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PRAYER:- Writ Appeal filed under Clause XV of Letters Patent Act, to set aside the order passed in W.P.(MD).No.18372 of 2015 dated 08.04.2019 on the file of this Court, allow the appeal. For Appellants : Mr.R.Baskaran, Additional Advocate General-VI, assisted by Mr.M.Siddharthan, Additional Government Pleader For Respondent : Mr.P.Ganapathi Subramanian

JUDGMENT

(Judgment of the Court was made by P. VELMURUGAN, J.) The respondents filed this writ appeal challenging the order of this Court dated 08.04.2019, in W.P.(MD).No.18372 of 2015, directing the third respondent to release the document dated 19.07.2013 executed by Jeyalakshmi in favour of the petitioner which is registered as pending document number P201300067 at once.

2.The learned single judge allowed the writ petition and directed the respondent to release the document within a stipulated time. Aggrieved over the same, the respondents filed the present writ appeal. 2/6

3.Mr.R.Baskaran, learned Additional Advocate General-VI, assisted by Mr.M.Siddharthan, Additional Government Pleader, would submit that during the relevant point of time, the land was classified as Poromboke.

4.In order to ascertain the same, this Court directed the Additional Advocate General-VI, to produce the original 'A' register. The same was also produced.

5.On perusal of A register, the land in S.No.194, Keeranur village, was classified as Poromboke. When the document was presented for registration in the year 2013, the land was classified as Poromaboke. Though earlier acquisition of the same land in S.No.194 was registered prior to the year 2011. Admittedly, the classification has been changed only in the year 2012. The subject matter of the document was presented for registration only after said change of classification. Once the land is classified as Poromboke and a guidelines is fixed, it shows that the value of the land is 0. Unless classification is not done as 3/6

challenged by the appellant, they cannot change with the registration department to register the document and therefore, the order of the single Judge is interfered. Hence, the writ appeal is liable to be dismissed. 6.Accordingly, this writ appeal is allowed setting aside the order of Writ Court dated 08.04.2019, in W.P.(MD).No.18372 of 2015. However the petitioner is at liberty to work out his remedy in the manner known to law. No costs. Consequently, the connected civil miscellaneous petition is also closed.

(P.V.J.,) & (K.K.R.K.J.) 15.10.2024 NCC :Yes/No Index :Yes/No Internet :Yes vsg 4/6

To:

1. The District Collector, Pudukkottai.

2. The Tahsildar, Kulathur Taluk, Pudukkottai District.

3. The Sub Registrar, Keeranur, Pudukkottai District.

4. The Deputy Inspector General of Registration, Trichirappalli District, Trichirappalli.

5. The Additional Government Pleader, Madurai Bench of Madras High Court, Madurai.

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P. VELMURUGAN, J., and K.K. RAMAKRISHNAN, J.

vsg Judgment made in W.A.(MD)No.1433 of 2019 and C.M.P(MD).No.11626 of 2019 Dated: 15.10.2024 6/6