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Madras High CourtWP(MD)/17992/2023disposed of

Azhagumalai v. The Director Of Survey And Settlement And Land Reforms And Bhoodan Board

2023-07-26Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Azhagumalai ... Petitioner Vs 1.The Director of Survey and Settlement and Land Reforms and Bhoodan Board, O/o. Director of Survey and Settlement and Land Reforms and Bhoodan Board, Ezhilagam, Chepauk, Chennai - 600 005.

2.The Tahsildar, Dindigul East Taluk, Dindigul District.

3.The District Registrar (Admin), Registration Department, Palani, Dindigul District.

4.The Sub Registrar, O/o. the Sub Registrar, Vadamadurai, Dindigul District.

...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to issue No Objection Certificate for registration of documents with respect to the petitioner's property in S.F. No. 359/1A, 359/1I situated in Kambiliampatti Village, Dindigul East Taluk, Dindigul District and consequently directing the respondents 3 and 4 to register documents with respect to his property in S.F. No. 359/1A, 359/1I situated in Kambiliampatti Village, Dindigul East Taluk, Dindigul District, by considering the petitioners representation dated 26.06.2023.

For Petitioner :Mr.S.Krishnan For Respondents :Mr.M.Sarangan Additional Government Pleader

O R D E R

The petitioner has submitted an application for registering his documents with respect to the petitioner's property in S.F. No.359/1A, 359/1I situated in Kambiliampatti Village, Dindigul East Taluk, Dindigul District and the Registering authority has refused to register the documents that the subject lands belong to the Boomidhan Board. Hence, the petitioner has filed this writ petition to direct the first respondent to issue No Objection Certificate for registration of documents.

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2.Mr.M.Sarangan, learned Additional Government Pleader, who takes notice for the respondents based on the written instructions in Na.Ka.No.4768/2020/A5, dated 26.07.2023, which he has received from the Tahsildar, Dindigul/the second respondent submits that the subject land in S.F. No.359/1A, 359/11 has been recorded as if it belongs to the petitioner's father, namely Seerangan in the Village Records. However, the subject land has been recorded as 'Boomidhan' as per the Sub Registrar office records. Therefore, necessary action has been taken to consider the petitioner's representation after ascertaining the relevant records and after conducting a detailed enquiry.

3.Considering the above submission, the learned Additional Government Pleader is directed to furnish a copy of the written instructions of the Tahsildar, Dindigul to the petitioner and the petitioner is at liberty to approach the fourth respondent for registering his document based on the report of the Tahsildar. 3/5

4.With the above directions, this writ petition is disposed of. No costs.

26.07.2023 NCC : Yes / No.

Index : Yes / No.

Internet:Yes vrn To 1.The Director of Survey and Settlement and Land Reforms and Bhoodan Board, O/o. Director of Survey and Settlement and Land Reforms and Bhoodan Board, Ezhilagam, Chepauk, Chennai - 600 005.

2.The Tahsildar, Dindigul East Taluk, Dindigul District.

3.The District Registrar (Admin), Registration Department, Palani, Dindigul District.

4.The Sub Registrar, O/o. the Sub Registrar, Vadamadurai, Dindigul District.

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B.PUGALENDHI, J.

vrn Order made in 26.07.2022 5/5