M.Vivekanandan v. The Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY M.Vivekanandan ... Petitioner Vs

1. The Inspector General of Registration, No. 100, Santhome High Road, Raja Annamalai Puram, Chennai.

2. The Sub - Registrar, Kalayarkovil Sub-Registrar Office, Kalayarkovil Taluk, Sivagangai District.

3. The Thasildar, Kalayarkovil Sub-Registrar Office, Kalayarkovil Taluk, Sivagangai District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Refusal Check Slip No. RFL/Kalayarkovil/59/2025, dated 05.06.2025 on the file of the second respondent and quash the same as illegal and consequentially directing the second respondent to register the document presented by the petitioner for registration. 1/5

For Petitioner : Mr.S.Jainab Beevi For Respondents : Mr.S.Kameswaran Government Advocate

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the refusal check slip dated 05.06.2025 and consequently direct the second respondent to register the document presented by the petitioner for registration.

2. Through the impugned order, the respondents refused to register the release deed on the ground that the land is classified as a water body.

3. The contention of the petitioner is that the said land cannot be classified as a water body because he is in possession of a patta which was issued in settlement era. Subsequently, during the UDR process, patta was also granted to him.

4. However, the said issue ought to be resolved based on revenue records. Therefore, this Court is directing the second respondent to obtain a report from the third respondent to ascertain whether the land in dispute is classified as a 2/5

water body. The second respondent shall act as per the report. In case, if the land is not classified as water body, the second respondent may proceed to register the document. In case, if the report states that the land is water body, then petitioner is at liberty to approach the appropriate civil forum to establish his right.

5. The Tahsildar / third respondent shall submit the report within a period of two (2) weeks from the date or receipt of a copy of this order. Thereafter, the second respondent shall pass appropriate orders, within a period of four (4) weeks therefrom.

6. With the above said direction, this Writ Petition is disposed of. There shall be no order as to costs.

25.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr 3/5

To:

1. The Inspector General of Registration, No. 100, Santhome High Road, Raja Annamalai Puram, Chennai.

2. The Sub - Registrar, Kalayarkovil Sub-Registrar Office, Kalayarkovil Taluk, Sivagangai District.

3. The Thasildar, Kalayarkovil Sub-Registrar Office, Kalayarkovil Taluk, Sivagangai District.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 25.06.2025 5/5