Vellapandi v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 23/10/2024

CORAM

The Hon`ble Mr.Justice N.SATHISH KUMAR Vellapandi ... Petitioner Vs

1. The Sub-Registrar, North Veeravanallur Registrar Office, Cheranmahadevi Taluk, Tirunelveli District..

2. The District Revenue Officer, / Land Acquisition Officer, Chennai - Kaniyakumari Business Road Development Project, Tirunelveli District..

... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus calling for the records relating to the Impugned refusal cheque slip No, RFL / North Veeravanallur / 33/ 2024 dated 10.10.2024 of the 1st respondent and quash the same as illegal and consequently directing the respondent to register the settlement deed presented by the petitioner for registration within the period that may be stipulated by this Court. For Petitioner : Mr.G.Chezhiyan For Respondent : Mr.C.Satheesh Government Advocate 1/5

ORDER

By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.

2. The writ petition has been filed challenging the refusal cheque slip issued by the 1st respondent dated 10.10.2024 and consequently to direct the respondent to register the settlement deed presented by the petitioner for registration within the period that may be stipulated by this Court.

3. When the petitioner presented the settlement deed in respect of the property held by him in S.No.116/1C3A, the same has been refused to be registered citing the letter given by the 2nd respondent Land Acquisition Officer.

4. The learned counsel for the petitioner pointed out that only an extent of 0.02.95 hectares alone acquired. The order is also passed by the authorities on 04.07.2022.

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5. I have considered the rival submissions and perused the materials available on record.

6. The petitioner is originally owned 0.18.50 hectares. Therefore, he has executed a settlement deed only for the remaining land. The order passed by the 2nd respondent has also been produced before this Court. A perusal the order would go to show that only small extent of 2.95 sq. mtrs in S.No.116/1C3B alone has been acquired for which compensation has also been determined and the same has been paid to the petitioner. Therefore, for the remaining extent owned by the petitioner, there cannot be any bar for registration.

7. Accordingly, the writ petition is allowed and the impugned order is quashed. The 1st respondent is directed to register the document within a period of fifteen days from the date of receipt of a copy of this order. No costs.

23.10.2024 RR 3/5

TO

1. The Sub-Registrar, North Veeravanallur Registrar Office, Cheranmahadevi Taluk, Tirunelveli District..

2. The District Revenue Officer, / Land Acquisition Officer, Chennai - Kaniyakumari Business Road Development Project, Tirunelveli District..

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N.SATHISH KUMAR,J

ORDER

IN WP(MD) No.25155 of 2024 Date : 23/10/2024 5/5