Sp.Ramasamy v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN SP.Ramasamy

...Petitioner

-Vs1.The District Registrar, Madurai.

2.The Sub Registrar, Tallakulam.

3.The Sub Registrar, Karuppayurani.

4.Periyasamy

...Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the 2nd and 3rd respondents to insert the Tenancy Court order dated 29.12.1971 in remarks column of the Document Nos.2712/2004 and 805/2010 on the file of the 2nd respondent within a time stipulated by this Court.

For Petitioner : Mr.RM.Arun Swaminathan For Respondents : Mr.S.P.Maharajan Special Government Pleader for RR1 to 3

ORDER

This writ petition has been filed for a direction, directing the second and third respondent to insert the tenancy Court order dated 29.12.1971 in remarks column of the document Nos.2712/2004 and 805/2010 on the file of the second respondent.

2.The petitioner has owned the property derived from his father. However, one R.Santhanam was declared as tenant under the Tamil Nadu Agriculture Land Record of Tenancy Rights Act, 1969 in respect of the petitioner's land. Aggrieved by the same, the petitioner's father filed a petition. 3.After enquiry, the said Santhanam has surrendered the entire property and the same was recorded and ordered to delete the entries in respect of S.Nos. 67/1, 68/2A and 68/2B. However, the said Santhanam ambalam suppressed the fact and has executed a settlement of tenancy rights to his daughter namely Manimekalai and Jothi Ramanlingam vide document No.2712 of 2004. In turn, they have executed a release deed in favour of the fourth respondent vide document No.805 of 2010. Further, the fourth respondent has also filed a petition before the Tenancy Officer to declare them as tenant and the same was dismissed and also confirmed by the appellate authority. Once again, the petitioner has filed a suit in O.S.No.67 of 2012 against the petitioner for

injunction and the same was also dismissed by judgment and decree dated 02.07.2014. Once again, he filed another suit in O.S.No.27 of 2019 and the same was also dismissed. Therefore, the petitioner has submitted a representation to record the tenancy Court order dated 29.12.1971 in both the documents.

4.In view of the above, the petitioner is directed to produce the certified copy of the tenancy Court order dated 29.12.1971 and on receipt of the same, the second respondent is directed to record the same in the document Nos.2712 of 2004 and 805 of 2010.

5.With the above said directions, this writ petition stands disposed of. No costs.

04.12.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR

G.K.ILANTHIRAIYAN. J, RJR To 1.The District Registrar, Madurai.

2.The Sub Registrar, Tallakulam.

3.The Sub Registrar, Karuppayurani.

04.12.2024