Natesan vs The Sub Registrar
2024 Latest Caselaw 20754 Mad

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


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                                                                                        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

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                                          N.SATHISH KUMAR, J

                                                                  Yuva


                To
                The Sub Registrar,
                Theni, Theni District.









                                                         23.10.2024
                                                               (2/2)




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