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Madras High CourtWP(MD)/16249/2017allowed

R.S.V.Karthick v. The Sub Registrar

2024-12-04Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD) No.12925 of 2017 R.S.V.Karthick .. Petitioner Vs.

1.The Sub-Registrar, O/o. The Sub Registrar Office, Rameswaram, Ramanathapuram District.

2.The Tahsildar, Rameswaram, Ramanathapuram District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the 1st respondent in his proceedings nil dated 05.06.2017 and quash the same as illegal and consequentially to direct the 1st respondent to register the settlement deed (Gift Deed) dated 01.06.2017 and release the same within the period that may be stipulated by this Court.

For Petitioner :

Mr.H.Mohamed Imran For Respondents :

Mr.S.P.Maharajan Special Government Pleader

ORDER

The petitioner challenges the order of the first respondent refusing to entertain the settlement deed, sought to be registered by the petitioner, on the ground that the land in question had been notified under Section 4 of the Tamil Nadu Forest Act, 1882 (hereinafter referred to as "the Act").

2. When the matter was taken up today, the learned Special Government Pleader produced proceedings of the Forest Settlement Officer under the Act made in C.R.No.02/2023, dated 08.12.2023 rejecting the claim of the petitioner in respect of the survey numbers, which were sought to be registered.

3.In view of the order passed by the Forest Settlement Officer, the petitioner cannot claim to have a right in the property to execute a

document. In view of the subsequent events, there is no infirmity in the order impugned herein. However, if the petitioner so aggrieved, he shall challenge the order passed by the Forest Settlement Officer, dated 08.12.2023 in the manner known to law.

4. With the aforesaid liberty, this Writ Petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

04.12.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The Sub-Registrar, O/o. The Sub Registrar Office, Rameswaram, Ramanathapuram District.

2.The Tahsildar, Rameswaram, Ramanathapuram District.

K.KUMARESH BABU, J.

abr Dated: 04.12.2024