Kannan @ Solaikannan v. The Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Kannan @ Solaikannan ... Petitioner -vs1.The Inspector General of Registration, Department of Registration, Santhome High Road, Pattinapakkam, Chennai.

2.The Deputy Inspector General of Registration, Tirunelveli Range, Tirunelveli.

3.The District Collector, Collectorate Buildings, 4.The District Revenue Officer, Tirunelveli District, Tirunelveli.

5.The Sub Collector, Cheranmahadevi, 6.The District Registrar, Cheranmahadevi Registration District,

7.The Sub Registrar, Ambasamudram Sub Registrar Office, 8.The Thasildar, Ambasamudram Taluk Office, ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct Respondents No.1 to 4 to issue appropriate direction to the Respondents No.6 to 8 to rectify the error in the online entry of the Registration Department Portal and to fix the Guideline value for registration in respect of the properties in Survey No.102/1 at Oorkadu Village, Sy. No.9/1, 385/1A2A10, 370A/1 at Mela-Ambasamudram area, Sy. Nos.229/1A1, 369/2A1A at Keela-Ambasamudram area, Sy No. 74/1 at Mannarkoil area of the registration circle of Ambasamudram Sub Registration Circle, Cheranmahadevi Registration District, Tirunelveli District in accordance with law by considering the petitioner's representation dated 25.03.2023 within a stipulated period as framed by this Hon'ble Court. For Petitioner : Mr.A.Sankararamasubramanian For Respondents : Mr.P.Thilak Kumar Government Pleader

O R D E R

[Order of the Court was made by S.S.SUNDAR, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, to direct Respondents No.1 to 4 to issue appropriate direction to the Respondents No.6 to 8 to rectify the error in the online entry of the Registration Department Portal and to fix the Guideline value for registration in respect of the properties in Survey No.102/1 at Oorkadu Village, Sy. No.

9/1, 385/1A2A10, 370A/1 at Mela-Ambasamudram area, Sy. Nos.229/1A1, 369/2A1A at Keela-Ambasamudram area, Sy No.74/1 at Mannarkoil area of the registration circle of Ambasamudram Sub Registration Circle, Cheranmahadevi Registration District, Tirunelveli District.

2. According to the petitioner, the Sub-Registrar, Ambasamudram, Cheranmahadevi Registration District is not entertaining any registration in respect of Survey No.102/1 at Oorkadu Village, Survey No.9/1, 385/1A2A10, 370A/1 at Mela-Ambasamudram area, Survey Nos.229/1A1, 369/2A1A at Keela-Ambasamudram area, Survey No.74/1 at Mannarkoil area of the registration circle of Ambasamudram Sub Registration Circle, Cheranmahadevi Registration District, Tirunelveli District, on the ground that the properties are classified as Natham Poramboke, which is on the basis of the entries made in the revenue records.

3. The registration department seems to think that those lands are Government Poramboke lands and hence registration of private individual cannot be permitted. Now the District Collector has filed a status report stating that insofar as the lands in Survey Nos.385/1A2A10 and 370A/1 of Mela-Ambasamudram, Survey Nos.229/1A1 and 369/2A1A of KeelaAmbasamudram and Survey No.74/1 of Mannarkoil Village are concerned, necessary changes have been made in the software to register the documents in respect of Natham lands and the request in respect of S.Nos.9/1 and

102/1 of Oorkadu Village has been considered for change of classification and by the proceedings in A1/2876/2023 dated 03.08.2023, the Director of Survey and Settlement, Chennai, has addressed the Commissioner of Land Administration to take appropriate action to get orders from the Government changing the classification of the lands in S.Nos.9/1 and 102/1 as Ryotwari Manai.

4. It is to be noted that the District Collector also stated that as per G.O.(MS) No.231, Revenue and Disaster Management Department dated 04.05.2023, computerization of Natham Land Records for the villages is under progress. It is further stated that on completion of the work, classification of "Sarkar Porampoke" will be reclassified as "Ryotwari Manai" and guideline value will be fixed for the Natham lands covered in the villages. The fact that the land is a house site in a village is admitted. 5.From the statement of facts, this Court is convinced that the petitioner is entitled to the relief as prayed for, irrespective of the fact that the classification of land as Natham Porampoke or by any other description. Hence, this Court directs the respondents 1 to 5 to consider the petitioner's representation dated 25.03.2023 favourably within a period of four months from the date of receipt of a copy of this order by making necessary entries as Ryotwari Manai and for the present the respondents 6 and 7 can proceed to register any document in respect of S.Nos.9/1 and 102/1 of Oorkadu

Village and need not wait till a communication is received from other respondents so as to enable registration or to fix the guideline value. 6.

The Writ Petition is disposed of with the above directions. No costs.

[S.S.S.R, J.] [D.B.C., J.] 14.08.2023 Index : Yes / No sj To 1.The Inspector General of Registration, Department of Registration, Santhome High Road, Pattinapakkam, Chennai.

2.The Deputy Inspector General of Registration, Tirunelveli Range, Tirunelveli.

3.The District Collector, Collectorate Buildings, 4.The District Revenue Officer, Tirunelveli District, Tirunelveli.

5.The Sub Collector, Cheranmahadevi, 6.The District Registrar, Cheranmahadevi Registration District,

S.S.SUNDAR , J.

and D.BHARATHA CHAKRAVARTHY , J.

sj 7.The Sub Registrar, Ambasamudram Sub Registrar Office, 8.The Thasildar, Ambasamudram Taluk Office, 14.08.2023