Madras High Court
Natesan vs The Sub Registrar on 23 October, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P(MD)No.25234 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.10.2024
CORAM :
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P(MD)No.25234 of 2024
and
W.M.P.(MD)No.21428 of 2024
1.Natesan
2.Jawaharlal Nehru
3.Jeyakanthan ... Petitioners
Vs.
The Sub Registrar,
Theni, Theni District. ... Respondent
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 of the respondent herein in his proceedings in Refusal Check Slip in
RFL/Theni/18/2024, dated 04.10.2024 and quash the same and consequently, to
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.2190/2A to an extent of
532.25 sq.meter in Vadaveeranaickanpatti Village, Periyakulam Taluk, Theni
District.
For Petitioners : Mr.P.Sivachandran
For Respondent : Mr.C.Satheesh,
Government Advocate
https://www.mhc.tn.gov.in/judis
1/4
W.P(MD)No.25234 of 2024
ORDER
By consent of both sides, this Writ Petition is taken up for final
disposal at the stage of admission itself.
2.It is the case of the petitioners that when they presented a gift deed
in favour of Hon'ble Governor of Tamil Nadu, the respondent, vide refusal
check slip dated 04.10.2024, has refused to register the same, stating that in the
guideline register, the document has been shown as Panchamar lands and there
is no reply from the Tahsildar, Periyakulam as to the genuineness of the patta
and no objection certificate in this regard. Challenging the same, the
petitioners have filed this Writ Petition.
3.The learned counsel appearing 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 O.S.No.93/2011. In the said suit, the District
Collector was made as a party.
4.Heard the learned counsel on either side and perused the materials
available on record.
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5.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 has been filed in O.S.No.93/2011, including the District Collector as one of
the party. Even in the judgment and decree passed in O.S.No.242/1997, it is
clearly held that the land in S.No.2190/2 was 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 O.S.No.93/2011. When the civil Court has already decided that the land in
question is not the panchamar land, merely on the basis of the entry in the
guideline register, the document cannot be refused to be registered.
6.In such view of the matter, the impugned order of the respondent is
quashed and this Writ Petition is allowed with a direction to the respondent to
register the document presented by the petitioners 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.
23.10.2024
` (2//2)
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Yuva
https://www.mhc.tn.gov.in/judis
N.SATHISH KUMAR, J
Yuva
To
The Sub Registrar,
Theni, Theni District.
23.10.2024
(2/2)
https://www.mhc.tn.gov.in/judis
