Sivakumar.S v. The Inspector General Of Registration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and W.M.P.(MD)No.21567 of 2023 S.Sivakumar ... Petitioner Vs
1. The Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai-28.
2. The District Registrar, The District Registrar Office, Tamil University Post, Thanjavur District.
3. The Sub Registrar, Sub Registrar Office Thiruvaiyaru, Thiruvaiyaru Taluk, Thanjavur District.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus calling for the 1/5
record pertaining of the original refusal letter passed by the 3rd respondent vide his proceedings in Na.Ka.No. 184/2022 dated 07.07.2022 and quash the same as illegal and directing the 3rd respondent to register the Release deed and Partition deed without DTCP approval under 1st respondent circular no 52889/C.1/2019 in Temporary No. TP/108640017/2021 dated on 31.12.2021 bearing survey number 342/3B admeasuring 33 cents situated at Ganapathiagraharam Village, Papanasam Taluk, Thanjavur District.
For Petitioner : Mr. M.Vivek For Respondents : Mr.P.Subbaraj Special Government Pleader
O R D E R
This Writ Petition has been filed challenging the original refusal letter passed by the 3rd respondent vide his proceedings in Na.Ka.No. 184/2022, dated 07.07.2022 and directing the 3rd respondent to register the Release deed and Partition deed without DTCP approval under 1st respondent Circular No.52889/C. 1/2019 in Temporary No. TP/108640017/2021 dated on 31.12.2021. 2.Heard Mr.M.Vivek, learned counsel for the petitioner and Mr.P.Subbaraj, learned Special Government Pleader for the respondents.
3. It is the case of the writ petitioner that the petitioner has presented a Release Deed, dated 13.07.1992 in respect of the property bearing survey number 2/5
342/3B admeasuring 33 cents situated at Ganapathiagraharam Village, Papanasam Taluk, Thanjavur District and the same has been refused to register on the ground that the property is an agricultural land and release deed should be obtained to convert it as a house site.
4.It is the contention of the learned counsel for the petitioner that now the Block Development Officer, Papanasam has also given a certificate to the effect that the property in survey number 342/3B admeasuring 33 cents situated at Ganapathiagraharam Village, Papanasam Taluk, Thanjavur District, not comes under the category of Manaipirivu (kidg;gpupT) and there is no regularisation required to register the document.
5.In view of the same, the petitioner is directed to produce the aforesaid document before the registering authorities. On production of the certificate issued by the Block Development Officer, Papanasam, the registering authorities shall register the document within a period of one week from the date of receipt of copy of this order.
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6.With the above direction, this writ petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
27.08.2024 NCC : Yes/No Index : Yes/No PNM To
1. The Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai-28.
2. The District Registrar, The District Registrar Office, Tamil University Post, Thanjavur District.
3. The Sub Registrar, Sub Registrar Office Thiruvaiyaru, Thiruvaiyaru Taluk, Thanjavur District.
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N.SATHISH KUMAR , J.
PNM ORDER IN 27.08.2024 5/5