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Madras High CourtWP(MD)/18019/2022allowed

Pradeep Kumar.H v. The Revenue Divisional Officer,

2022-08-11Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.13164 of 2022 H.Pradeep Kumar ... Petitioner Vs 1.The Revenue Divisional Officer, Kovilpatti Sub Divison, Thoothukudi District.

2.The Tahsildar, Ottapidaram Taluk, Thoothukudi District.

3.The Sub Registrar, Ottapidaram Sub Registrar Office, Ottapidaram, Thoothukudi District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the 3rd Respondent herein in his proceedings in Refusal Check slip in RFL/Ottapidaram/25/2022, dated 02.08.2022 and quash the same and consequently direct the 3rd Respondent herein to register the sale deed presented by the petitioner dated 02.08.2022 in respect of land S.No.519/1 to an 1/4

extent of 1.21.50 Hectares (3 Acres) in Panchalankurichi Village, Ottapidaram, Taluk, Thoothukudi District.

For Petitioner : Mr.N.Pandi Velrajan For Respondents : Mr.J.K.Jayaseelan Government Advocate

ORDER

Heard the learned counsel on either side.

2. The petitioner proposes to purchase the petition mentioned property. When the sale deed was presented for registration, the second respondent declined to register the same citing the communication dated 12.04.2013.

3. The learned counsel appearing for the petitioner draws my attention to the order dated 16.10.2015 made in W.P.(MD)No.17060 of 2015 (S.Muthalraj Vs. the Revenue Divisional Officer, Thoothukudi District). The said writ petition also dealt with the very same issue. The said order was followed in a number of decisions. Since the case on hand is covered by the same, the impugned order is quashed. The registering authority is directed to register the petition mentioned sale deed and release the same subject to fulfilment of the usual formalities.

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4. This Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

11.08.2022 Index : Yes / No Internet : Yes/ No rmi To 1.The Revenue Divisional Officer, Kovilpatti Sub Divison, Thoothukudi District.

2.The Tahsildar, Ottapidaram Taluk, Thoothukudi District.

3.The Sub Registrar, Ottapidaram Sub Registrar Office, Ottapidaram, Thoothukudi District.

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G.R.SWAMINATHAN, J.

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