Madras High Court
Karu Malai Kathiresan vs The District Registrar on 25 October, 2021
W.P(MD)No.18808 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.10.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P(MD)No.18808 of 2021
Karu Malai Kathiresan ... Petitioner
Vs.
1.The District Registrar,
Sivagangai,
Sivagangai District.
2.The Joint II Sub Registrar,
Sivagangai,
Sivagangai District.
3.The Revenue Divisional Officer,
Sivagangai,
Sivagangai District.
4.The Tahsildar,
Sivagangai Taluk,
Sivagangai District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
records on the file of the second respondent pertaining to its proceeding No.Nil
dated 22.09.2021 and to quash the same and consequently directing the
respondents to register the sale deed dated 31.08.2021 and make necessary
entries in the revenue records and to issue patta in favour of the petitioner in
respect of property comprised in Survey No.146/1 of Paiyur Village, Sivagangai
Taluk, Sivagangai District based on the judgment in O.S.No.11 of 2011 dated
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1/6
W.P(MD)No.18808 of 2021
04.02.2020 and the sale executed by the Hon'ble Principal District Court,
Sivagangai dated 31.08.2021 by considering the application submitted by the
petitioner dated 16.09.2021 within a time frame that may be fixed by this
Hon'ble Court.
For Petitioner : Mr.S.C.Herold Singh
For Respondents : Mr.P.Subbaraj
Counsel for State
ORDER
The petitioner challenges an order dated 22.09.2021 of the second
respondent by which the application to register a sale deed presented by the
petitioner was rejected.
2. The petitioner states that he entered into an agreement of sale in
relation to the property bearing Survey No.146/1 at Paiyur Village, Sivagangai
Taluk, Sivagangai District. Since the vendors under the agreement of sale
failed to execute a sale deed in terms of the agreement of sale, the petitioner
filed a suit for specific performance. The said suit was decreed on 04.02.2020
in favour of the petitioner. On account of the failure of the judgement debtor to
execute a sale deed pursuant to the decree, E.P.No.4 of 2021 was filed.
Pursuant thereto, a sale deed dated 31.08.2021 was executed in favour of the
petitioner by the learned Additional District Judge, Sivagangai. Upon
presentation of the said sale deed for registration, the second respondent
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W.P(MD)No.18808 of 2021
declined to register the sale deed and issued the impugned order dated
22.09.2021.
3. The petitioner contends that the impugned order is not
sustainable inasmuch as the second respondent has erroneously concluded that
the relevant land is Government land. By relying upon the “A” Register
relating to Survey No.146/1, the petitioner contends that the classification
therein is ifg;gw;wy; ,y;yhjJ and not Government land. The petitioner also
relies upon a communication from the Commissioner of Land Survey, Chennai
dated 28.09.2010 to the District Revenue Officer. According to the petitioner,
the said document indicates that the relevant land has been wrongly classified
as "ifg;gw;wy; ,y;yhjJ".
4. Mr.P.Subbaraj, learned counsel for the State, accepts notice on
behalf of all the respondents. He points out that the petitioner has a statutory
appeal against the impugned order.
5. Upon perusal of the impugned order, it is apparent that the
impugned order refers to the entry in the “A” Register. In addition, it refers to
the letter dated 21.09.2021 of the Tahsildar, Sivagangai to the effect that the
land is classified as Arasu punjai ifg;gw;wy; ,y;yhjJ as per the UDR “A”
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Register and the computer accounts.
W.P(MD)No.18808 of 2021
6. Thus, the principal question that should be decided is whether
the relevant property is Government property or not. Disputed questions of fact
arise in relation thereto based on the documents relied upon by the petitioner,
on the one hand, and documents referred to in the impugned order, on the other.
Such disputed questions of fact cannot be conveniently or appropriately
addressed by way of affidavit evidence in writ proceedings. The availability of
a statutory appeal should be viewed in this context. Under Section 72 of the
Registration Act, 1908, an appellate remedy is provided for against the order of
the registration authority. One impediment that the petitioner would face is that
the limitation period is specified as thirty (30) days from the date of receipt of a
copy of the order. It appears that the petitioner may have marginally overshot
the limitation period by bona fide assailing the order before this Court.
7. Consequently, W.P.(MD).No.18808 of 2021 is disposed of by
permitting the petitioner to file an appeal under Section 72 of the Registration
Act, 1908. If such appeal is filed within a period of fifteen (15) days from the
date of receipt of a copy of this order, the appellate authority is directed to
receive such appeal without going into the question of limitation and dispose of
the same on merits and in accordance with law. Upon receipt of the appeal, the
appellate authority is directed to consider and dispose of the same by a
reasoned order within a period of three (3) months from the date of receipt of
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such appeal after providing a reasonable opportunity to the petitioner and any
W.P(MD)No.18808 of 2021
other person who would be affected by such appeal. There will be no order as
to costs.
25.10.2021
Index : Yes / No
Internet : Yes/ No
tsg/nsr/LM
Note : In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is
presented is the correct copy, shall be the responsibility of the
advocate/litigant concerned.
To
1.The District Registrar,
Sivagangai,
Sivagangai District.
2.The Joint II Sub Registrar,
Sivagangai,
Sivagangai District.
3.The Revenue Divisional Officer,
Sivagangai,
Sivagangai District.
4.The Tahsildar,
Sivagangai Taluk,
Sivagangai District.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.18808 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
tsg/nsr/LM
W.P(MD)No.18808 of 2021
25.10.2021
https://www.mhc.tn.gov.in/judis/
