Madras High Court
Natesan vs The Sub Registrar on 22 October, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
WP(MD). No.25013 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 22/10/2024
CORAM
The Hon`ble Mr.Justice N.SATHISH KUMAR
WP(MD). No.25013 of 2024 and
WMP(MD) No.21312 of 2024
1. Natesan,
2. Jawaharlal Nehru,
3. Jeyakanthan, ... Petitioners
Vs
1. The Sub Registrar,
Theni,
Theni District..
2. Jeyakanthan,,
S/o. Subburaj Gowder,
D.No. College Road,
Vadapudupatti,
Vadaveeranayakanpatti,
Periyakulam,
Theni 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 relating to the impugned order of the respondent
herein in his proceedings in Refusal Check Slip in RFL/Theni/19/2024,
1/5
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WP(MD). No.25013 of 2024
dated 04.10.2024, and quash the same and consequently direct the
respondent herein to register the gift deed dated 24.09.2024 presented by
the petitioners in respect of the property in S.No. 2190/9A to an extent of
25.79 square meter in Vadaveeranaickanpatti Village, Periyakulam
Taluk, Theni District.
For Petitioners : Mr.P.Sivachandran
For Respondents : Mr.C.Satheesh for R1
Government Advocate
ORDER
By consent of both sides, the writ petition itself is taken up for
final disposal at the stage of admission itself. Since no adverse order is
going to be passed against the 2nd respondent, notice to him is dispensed
with.
2. The writ petition has been filed challenging the refusal check
slip dated 04.10.2024, and to direct the 1st respondent herein to register
the gift deed dated 24.09.2024 presented by the petitioners in respect of
the property in S.No. 2190/2A to an extent of 25.79 square meter in
Vadaveeranaickanpatti Village, Periyakulam Taluk, Theni District.
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3. The petitioners presented a gift deed in favour of TANGEDCO,
the same has been refused to be registered citing that in the guideline
register, the land has been shown as Panchamar lands and hence, the
petitioners were directed to obtain no objection certificate from the
competent authority in this regard.
4. The learned counsel for the petitioners would submit that the
subject property is not a panchamar land, which has already been decided
in a suit filed by the petitioners in OS No.93/2011. In the said suit, the
District Collector was made as a party.
5. I have considered the rival submissions and perused the
materials available on record.
6. It is seen that with regard to dispute between the petitioners and
one Murugesan and three others, who have claimed title to the subject
property, a suit that has been filed in OS No.93/2011 by including the
District Collector as one of the party. Even in a judgment and decree has
been passed in OS No.242/1997, it is clearly held that S.No.2190/2 was
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originally assigned to Kaman Madhari for his services rendered in
defence and the land is not panchamar land. A copy of the judgment has
also been placed in the subsequent suit filed in OS No.93/2011. When
the civil Court has already decided that the land in question is not
panchamar lands, merely on the basis of the entry in the guideline
register, the same cannot be refused to be registered.
7. In view of the above, the writ petition is allowed and the 1st
respondent is directed to register the document within a period of fifteen
days from the date of receipt of a copy of this order. No costs.
Consequently connected Miscellaneous Petition is closed.
22.10.2024
RR
TO
1. The Sub Registrar,
Theni,
Theni District..
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N.SATHISH KUMAR,J
RR
ORDER
IN
Date : 22/10/2024
https://www.mhc.tn.gov.in/judis
