M.Rukmani v. State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and W.M.P.(MD)No.18229 of 2024 Rukmani ... Petitioner Vs.
1.State of Tamilnadu, Rep by its Principal Secretary and Commissioner of Land Administration, Department of Land Reforms, Chepauk, Chennai.
2.The District Revenue Officer, Collectorate, Theni District, Theni.
3.The District Registrar, Periyakulam, Theni District.
4.The Sub Registrar, Theni District, Theni.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned 1/6
order made by the 2nd respondent in his proceedings in Na.Ka.No.12605/2009/Aa1 dated 20.10.2014 and quash the same as illegal and consequently direct the 4th respondent for register any document in respect of the petitioner's land in S.No.747/8 having extent of 2091 1⁄2 sq. feet equivalent to 194.30 square meter (Doc.No.5255/2010) Theni S.R.O. situated at Aranmanaipudhur, Hamlet Koduvilarpatti Village, Theni District. For Petitioner : Mr.M.Beema Rao For Respondents : Mr.M.Sidharthan, Addl. Government Pleader.
ORDER
This writ petition has been filed for issuance of Writ of Certiorarified Mandamus, to quash the proceedings of the second respondent in Na.Ka.No.12605/2009/Aa1 dated 20.10.2014 and to direct the fourth respondent to register any document in respect of the petitioner's land in S.No.747/8. 2.It is case of the petitioner is that the petitioner purchased the subject property vide sale deed dated 10.06.2010 bearing Document No.5255/2010. In the meanwhile, the second respondent herein sent a communication to the third respondent herein not to register any document in respect of Survey Nos.746, 747, 2/6
748 and 749. Therefore, the petitioner filed W.P.(MD)No.20334 of 2015 for quashing the same and the said writ petition was allowed. Even thereafter, when the petitioner submitted a document for registration, the fourth respondent did not register the document by citing the communication issued by the District Revenue Officer, dated 20.10.2014. Therefore, the petitioner has filed this writ petition. 3.Mr.M.Sidharthan, learned Additional Government Pleader appearing for the respondents submits that the communication dated 20.10.2014 issued by the District Revenue Officer, Theni had already been set aside by this Court in W.P.(MD)No.20334 of 2015. He further submitted that the petitioner has not presented any document for registration.
4.In this view of the matter, the registering authority cannot refuse registration citing the communication of the District Revenue Officer, Theni, dated 20.10.2014. If the petitioner presents any document for registration, the same shall be registered, if it is otherwise in order, subject to fulfilment of other usual formalities.
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5.With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 10.09.2024 NCC : Yes/No Index : Yes/No ias To:
1.The Principal Secretary and Commissioner of Land Administration, Department of Land Reforms, Chepauk, Chennai.
2.The District Revenue Officer, Collectorate, Theni District, Theni.
3.The District Registrar, Periyakulam, Theni District.
4.The Sub Registrar, Theni District, Theni.
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N.SATHISH KUMAR , J.
ias 10.09.2024 6/6