Madras High Court
Rajapandian vs The Revenue Divisional Officer on 20 January, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.(MD)No.1190 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.(MD)No.1190 of 2025
Rajapandian ... Petitioner
- Vs. -
1. The Revenue Divisional Officer,
Kovilpatti Sub Division,
Thoothukudi District
2. The Tahsildar,
Ottaipidaram Taluk,
Thoothukudi District
3. The Sub Registrar,
Ottaipidaram Taluk,
Thoothukudi District ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Certiorarified Mandamus to call for the records of the
impugned order passed by 3rd respondent herein refusal check slip in
Refusal No. RFL/Ottapidaram 2/2025 dated 07.01.2025 and quash the
same and further direct the 3rd respondent to register the sale deed
presented by the petitioner in respect of 3 acres of punjai land in survey
no.491/4 at Ottapidaram Taluk, Thoothukudi District within a period
stipulated by this Honble Court without insisting no objection certificate
from the 1st respondent.
For Petitioner : Mr.J.Joseph Zinoson
For Respondents : Mr.S.P.Maharajan
Special Government Pleader
1/5
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W.P.(MD)No.1190 of 2025
ORDER
This writ petition has been filed against the refusal check slip in
Refusal No.RFL/Ottapidaram 2/2025 dated 07.01.2025 and for
consequential direction to the third respondent to register the sale deed
presented by the petitioner in respect of 3 acres of punjai land in survey
No.491/4 at Ottapidaram Taluk, Thoothukudi District within a stipulated
period without insisting no objection certificate from the first respondent.
2. By consent of both parties, this writ petition is taken up for final
disposal at the stage of admission itself. Heard the learned counsel on
either side and perused the materials placed before this Court.
3. The petitioner purchased the property 3 acres of punjai land in
Survey No.491/4 in Ottapidaram Taluk, Panchalankurichi Village vide
sale deed dated 30.10.2023. Thereafter, the petitioner sold the same in
favour of the third party vide sale deed dated 07.01.2025 and presented
the same for registration. The third respondent refused to register the
same and directed the petitioner to obtain no objection certificate from
the first respondent.
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4. The Special Government Pleader appearing for the respondents
1 to 3 submitted that the second respondent sent a communication to the
third respondent thereby informed that the subject loan and the other loan
comprised in various survey numbers were originally assigned in favour
of the family members of Veerapandiya Kattabomman and no registration
was made in respect of those loans without obtaining no objection
certificate from the first respondent since the subject land originally
belonged to the Forest Department by virtue of the communication dated
29.01.1978 in the proceedings in G4.57594/78. On a perusal of the said
proceedings, the District Collector informed the first respondent that no
part of the land assigned be sold and that in case of sale, the sale would
be invalid and the site will be reverted back to the Forest Department.
Accordingly, the first respondent was directed to take necessary action to
incorporate the said conditions in the Taluk and the Village accounts.
Further by virtue of Government Order in G.O.(Ms.)No.558, Forests and
Fisheries, dated 18.07.2013 to an extent of 615 cents of Forests Lands
comprised in various survey numbers were assigned to the descendants
of Veerpandiya Kattabomman for the use of house-sites and agricultural
purpose. As per the order from the District Collector, the second
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respondent herein raised objections to register any document in respect
of the subject properties which were originally assigned in favour of the
descendants of Veerapandiya Kattabomman. However, it was not brought
to the notice of this Court in W.P(MD)No.18680 of 2018 dated
20.03.2019. Therefore, reliance on the judgment passed in WP(MD)No.
18680 of 2018 cannot be followed in this writ petition. Hence, the third
respondent rightly refused to register the sale deed in respect of the
subject property and directed the petitioner to obtain no objection
certificate from the first respondent to register the sale deed which was
presented for registration by the petitioner.
5. In view of the above, this Court finds no infirmity or illegality in
the order passed by the third respondent and this writ petition is devoid
of merits and it is liable to be dismissed. Accordingly, the same is
dismissed. No costs.
20.01.2025
Index : Yes / No
NCC : Yes / No
CM
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G.K.ILANTHIRAIYAN, J.
CM
TO:-
1. The Revenue Divisional Offic Er, Kovilpatti Sub Division,
Thoothukudi District
2. The Tahsildar Ottaipidaram Taluk,
Thoothukudi District
3. The Sub Registrar Ottaipidaram Taluk,
Thoothukudi District
Order made in
Dated:
20.01.2025
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