S.Anthony Raj, v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :20.01.2023

CORAM

THE HONOURABLE MR.JUSTICE K. KUMARESH BABU 1.S.Anthony Raj 2.S.Jeseph Raj ... Petitioners Vs.

1.The Revenue Divisional Officer, Kovilpatti sub-Division, Thoothukudi District.

2.The Tahsildar, Ottapudaram Taluk, Thoothukudi District.

3.The District Registrar, Registration Department, Thoothukudi, Thoothukudi District.

4.The Sub-Registrar, Registration Department, Ottapidaram, Thoothukudi 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 on the file of the 4th respondent pertaining to its proceeding bearing No.Aa.Thimu.No.158/2017 dated 31.08.2017 and to quash the same and consequently direct the 4th respondent to register the sale deed dated 29.08.2017 in respect of the land in Survey No.513/2 admeasuring 1 acre 50 cents situated at Panchalam Kurchi Village, Ottapidaram Taluk, Thoothujudi District within a time frame.

For Petitioner :Mr.L.Jeen Felix For Respondents :Mr.M.Ramesh Government Advocate

O R D E R

The writ petition has been filed to call for the records on the file of the 4th respondent pertaining to its proceeding bearing No.Aa.Thimu.No. 158/2017 dated 31.08.2017 and consequently direct the 4th respondent to register the sale deed dated 29.08.2017, in respect of the land in Survey No. 513/2 admeasuring 1 acre 50 cents situated at Panchalam Kurchi Village, Ottapidaram Taluk, Thoothujudi District.

2. The learned counsel for the petitioner would submit that the petitioner had presented two sale deeds before the fourth respondent and both the sale deeds were returned with the check slips, calling upon the petitioner to produce no objection certificate from the Revenue Divisional Officer, Kovilpatti. He had challenged both the orders in two individual writ petitions, one in W.P.(MD).No.17529 of 2017 and the other is the instant writ petition. This Court, by order dated 23.04.2018, had set aside the order of the fourth respondent made in Na.Ka.No.159/2014, dated 31.08.2017.

3. I have perused the order passed in Na.Ka.No.159/2017, dated 31.08.2017, which is a pari materia order to the order impugned in this writ petition. As this Court, in order dated 23.04.2018 in W.P.(MD).No.17529 of 2017, has already set aside the order impugned in that writ petition, I see no reason to take a different view. Hence, the order impugned in this writ petition passed by the fourth respondent dated 31.08.2017, made in No.Aa.Thimu.No.158/2017 is set aside. The fourth respondent is directed to register the sale deed dated 29.08.2017 in connection with the land in S.No. 513/2 admeasuring 1 acre 50 cents situated at Panchalam Kurichi Village,

Ottapidaram Taluk, Thoothukudi District, if it is otherwise in order. Such an exercise shall be completed within a period of two weeks from the date of receipt of a copy of this order.

4. With the above direction, the writ petition is allowed. No costs. 20.01.2023 Index : Yes / No Speaking Order/Non Speaking Order sbn To 1.The Revenue Divisional Officer, Kovilpatti sub-Division, Thoothukudi District.

2.The Tahsildar, Ottapudaram Taluk, Thoothukudi District.

3.The District Registrar, Registration Department, Thoothukudi, Thoothukudi District.

4.The Sub-Registrar, Registration Department, Ottapidaram, Thoothukudi District.

K.KUMARESH BABU, J.

sbn 20.01.2023