Sheik Alaudeen v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Sheik Alaudeen ... Petitioner /Vs./

1. The Sub Registrar, Ayyampettai Sub Registrar Office, Ayyampettai, Thanjavur District.

2. The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Kumbakonam, Thanjavur District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned Refusal Check Slip in Refusal Number. RFL/Ayyampettai/71/2024 dated 04.11.2024 issued by the respondent no. 1 and quash the same as illegal, consequently directing the respondent no.1 to register the Settlement Deed dated 29.10.2024 presented by the petitioner.

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For Petitioner : Mr.A.Abdulkabur For Respondents : Mr.S.P.Maharajan (R1) Special Government Pleader Mr.D.Gandhiraj (R2) Special Government Pleader

ORDER

This writ petition has been filed challenging the refusal check slip issued by the first respondent thereby refused to register the settlement deed dated 29.10.2024 on the ground that already an appeal is pending in respect of issuance of patta.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. The petitioner had purchased a house property in Plot No.10 with an extent about 3000 sq.ft, in S.No.457/2, situated at Valuthoor Village, Papanasam Taluk, Thanjavur District. The said house plot was laid out in the total extent of 4 acres 24 cents in the name of Hameed Nagar. The entire property was issued with joint patta under patta number 2/6

533. The petitioner's vendor had purchased the house plot by the registered sale deed vide Document No.139 of 2009. The petitioner's vendor has executed a sale deed in favour of the petitioner and presented the same for registration. However, it was rejected for the aforesaid reason.

4. It is seen that the second respondent sent a communication dated 23.08.2021 to the first respondent stating that the patta No.533 is under challenge before the appellate authority. The second respondent also directed the revenue officials not to issue separate patta, since an appeal is already pending and the said communication is nothing to do with the first respondent. That apart, the petitioner's vendor's name is very much figured in the revenue records and also in the joint patta. Therefore, the first respondent ought not to have refused to register the settlement deed, which was presented for registration.

5. In view of the above, the impugned refusal check slip issued by the first respondent cannot be sustained and is liable to be quashed. Accordingly the impugned refusal check slip dated 04.11.2024 is hereby 3/6

quashed. The petitioner is directed to represent the sale deed for registration and on receipt of the same, the first respondent is directed to register and release the same within a period of one week thereafter, if it is otherwise in order.

6. With the above direction, this writ petition is allowed. No costs.

19.12.2024 Index : Yes / No NCC : Yes / No Sm 4/6

TO:-

1. The Sub Registrar, Ayyampettai Sub Registrar Office, Ayyampettai, Thanjavur District.

2. The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Kumbakonam, Thanjavur District.

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G.K.ILANTHIRAIYAN , J.

Sm Order made in Dated:

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