Alangaram v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :10.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD).No.18656 of 2025 Alangaram ... Petitioner vs.

1. The District Registrar, Sivagangai District, Sivagangai.

2. The Joint Sub-Registrar, No.II, Karaikudi, Sivagangai District.

3. The Tahsildar, Karaikudi Taluk, Sivagangai District.

4. The Zonal Deputy Tahsildar, Karaikudi, Sivagangai District.

5. The Revenue Divisional Officer, Devakottai, Sivagangai District.

...Respondents

[R5 is suo motu impleaded vide court order dated 10.07.2025] 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to quash the records relating to the impugned Refusal Check Slip made in Refusal Serial No. RFL/Joint Sub-Registrar No. 2, Karaikudi/Book 2/1 dated 07.04.2025 on the file of the 2nd respondent and quash the same and further direct the 2nd respondent to register the document regarding the petitioner's land in UDR S.Nos. 25/17B (extent of 35 cents), 25/2 (extent of 6 cents), 22/9C (extent of 21 cents) and 19/44 (extent of 2 cents) of Kovilur Village Group, Karaikudi Taluk, Sivagangai District, within stipulated time fixed by this Court. For Petitioner : Mr.V.Kannan For Respondents : Mr.S.Saji Bino Special Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned Refusal Check Slip dated 07.04.2025 on the file of the 2nd respondent and further direct the 2nd respondent to register the document regarding the petitioner's land.

2. Since the Revenue Divisional Officer, Devakottai, Sivagangai District, is a necessary party in this writ petition, this Court has suo motu impleaded as the 5th respondent.

3. In the impugned refusal check slip, the 2nd respondent has stated that the sale deed mentions that the area is classified as a water catchment area. 2/5

4. Considering the facts of the case, this Court is of the considered opinion that, in order to ascertain the classification of the land whether it is a water body or a water catchment area, the registrar can act only after an order is passed by the revenue authorities.

5. Therefore, the 5th respondent is directed to conduct an enquiry after issuing notice to both parties, based on the submission of the petitioner, and pass appropriate orders. If the order declares the area as a water body, the petitioner will not be entitled to register the sale deed. However, if the revenue authorities declare it as not a water body or water catchment area, and if it is patta land, the 2nd respondent shall proceed with the registration. This exercise shall be completed within six weeks from the date of receipt of a copy of the order.

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

10.07.2025 NCC : Yes / No [2/2] Index : Yes / No Internet : Yes Ksa 3/5

To:

1. The District Registrar, Sivagangai District, Sivagangai.

2. The Joint Sub-Registrar, No.II, Karaikudi, Sivagangai District.

3. The Tahsildar, Karaikudi Taluk, Sivagangai District.

4. The Zonal Deputy Tahsildar, Karaikudi, Sivagangai District.

5. The Revenue Divisional Officer, Devakottai, Sivagangai District.

4/5

S.SRIMATHY , J.

Ksa ORDER MADE IN [2/2] DATED :10.07.2025 5/5