Madras High CourtWP(MD)/29003/2023allowed

Selvi v. The District Registrar

2023-12-07Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.29003 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.29003 of 2023 Selvi ... Petitioner Vs.

1. The District Registrar, O/o.The District Registrar, Karaikudi, Sivagangai District.

2. The Joint Sub Registrar No.II, Joint Sub Registrar Office No.II, Karaikudi, Sivagangai District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent herein to register the petitioner's documents namely sale deed dated 24.11.2023 (TP/165627725/2023) and cancellation of agreement for sale deed dated 27.11.2023 (TP/165854899/2023 and presented by the petitioner for registration within the time fixed by this Court.

For Petitioner : Mr.S.Sundaravadivel For Respondents: Mr.C.Satheesh, Government Advocate.

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O R D E R

Heard both sides.

2. The petitioner wants to sell the petition-mentioned land. She also wants to cancel the earlier sale agreement. When the documents to that effect were presented, the registering authority declined to register the documents on the ground that the lands are Bhoodan lands. For directing the registering authority to register the documents, the present writ petition came to be filed.

3. After going through the materials on record, I am more than satisfied that the issue raised in this writ petition is no longer res integra. It has been held in the order dated 25.07.2016 made in W.P.(MD)No.12483 of 2016 (K.Guruchandran V. The Inspector General of Registration) and in the order dated 20.03.2023 made in W.P.(MD) No.19540 of 2020 (V.Selvaraj V. The Inspector General of Registration) that the petition-mentioned survey number is not a Bhoodan land. Therefore, the second respondent cannot refuse registration on the said ground.

4. The petitioner is permitted to re-present the documents in question. The second respondent will receive 2/4

3 W.P.(MD)NO.29003 OF 2023 the same, register and release it subject to fulfilment of the other usual formalities. This writ petition stands allowed. No costs.

07.12.2023 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The District Registrar, O/o.The District Registrar, Karaikudi, Sivagangai District.

2. The Joint Sub Registrar No.II, Joint Sub Registrar Office No.II, Karaikudi, Sivagangai District.

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4 W.P.(MD)NO.29003 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.29003 of 2023 07.12.2023 4/4