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Madras High CourtWP(MD)/29248/2025allowed

S.Sornam v. The Sub Registrar

2025-12-04Honourable Mr Justice Krishnan Ramasamy5 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 04.12.2025

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.29248 of 2025 S.Sornam ... Petitioner Vs.

The Sub-Registrar, Ottapadiram Sub Registrar Office, Ottapidaram, Thoothukudi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records pertaining to the impugned order passed by the respondent vide his proceedings in RFL/Ottapidaram/52/2025 dated 26.09.2025 and quash the same as illegal.

For Petitioner : Mr.P.Banuprasath For Respondents : Mr.A.Kannan, Additional Government Pleader 1/5

O R D E R

A challenge has been made in this Writ Petition to the impugned order passed by the respondent vide his proceedings in RFL/Ottapidaram/52/2025 dated 26.09.2025.

2.Learned Counsel for the petitioner would submit that the agricultural lands in Survey No.524/4 to an extent of 0.81.00 hectares in Panchalangurichi Village, Ottapidaram Taluk, Tuticorin District is an ancestral property of the petitioner and he has been in continuous possession and enjoyment of the subject property. Further, the patta also stands in the name of the petitioner. While that being so, the petitioner intended to sell the property to one Ramasamy and when the sale deed was presented before the respondent for registration, the same came to be refused citing the reason that the said land belongs to "Anadeenam". Hence, the present Writ Petition has been filed.

3.Learned Additional Government Pleader appearing for the respondents would submit that since the subject land is a Government Anadeenam land, the respondent was not in a position to register the sale deed.

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4.However, upon perusal of the documents produced by the petitioner, it came to light that there is no dispute that the petitioner has obtained patta. If it is an Anadeenam land, certainly the revenue officials would not have issued patta. Such being the case, whether the land is an Anadeenam land or the petitioner's patta land is a matter which has to be decided by the Civil Court. But as long as patta is issued and the petitioner being recognised as the pattathar, that would be sufficient for the Sub-Registrar to register the sale deed. Hence, the impugned order is liable to be set aside.

5.Accordingly, the impugned order of the respondent dated 26.09.2025 is hereby set aside and while setting aside the impugned order, this Court directs the respondent to register the sale deed dated 26.09.2025, upon re-presentation of the same. 7.Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

04.12.2025 Index: Yes/No Internet: Yes/No MR 3/5

To The Sub-Registrar, Ottapadiram Sub Registrar Office, Ottapidaram, Thoothukudi District.

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KRISHNAN RAMASAMY, J.

MR W.P.(MD)No.29248 of 2025 04.12.2025 5/5