Writ petition against refusal check slip blocking registration of sale deeds over land classified as water catchment area. Court suo motu impleaded the Revenue Divisional Officer and directed an enquiry into the land classification; registration depends on that finding.
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W.P(MD)No.18656 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :10.07.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD).No.18656 of 2025
Alangaram
... Petitioner
vs.
Sivagangai District,
Sivagangai.
No.II, Karaikudi,
Sivagangai District.
Karaikudi Taluk, Sivagangai District.
Karaikudi,
Sivagangai District.
Devakottai,
Sivagangai District. ...Respondents [R5 is suo motu impleaded vide court order dated 10.07.2025]
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W.P(MD)No.18656 of 2025
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to quash the records relating to the impugned Refusal Check Slip made in Refusal Serial No. RFL/Joint Sub-Registrar No. 2, Karaikudi/Book 2/1 dated 07.04.2025 on the file of the 2nd respondent and quash the same and further direct the 2nd respondent to register the document regarding the petitioner's land in UDR S.Nos. 25/17B (extent of 35 cents), 25/2 (extent of 6 cents), 22/9C (extent of 21 cents) and 19/44 (extent of 2 cents) of Kovilur Village Group, Karaikudi Taluk, Sivagangai District, within stipulated time fixed by this Court.
For Petitioner : Mr.V.Kannan For Respondents : Mr.S.Saji Bino Special Government Pleader
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned Refusal Check Slip dated 07.04.2025 on the file of the 2 nd respondent and further direct the 2 nd respondent to register the document regarding the petitioner's land.
2. Since the Revenue Divisional Officer, Devakottai, Sivagangai
District, is a necessary party in this writ petition, this Court has suo motu impleaded as the 5th respondent.
3. In the impugned refusal check slip, the 2nd respondent has stated that the sale deed mentions that the area is classified as a water catchment area.
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W.P(MD)No.18656 of 2025
4. Considering the facts of the case, this Court is of the considered
opinion that, in order to ascertain the classification of the land whether it is a water body or a water catchment area, the registrar can act only after an order is passed by the revenue authorities.
5. Therefore, the 5th respondent is directed to conduct an enquiry
after issuing notice to both parties, based on the submission of the petitioner, and pass appropriate orders. If the order declares the area as a water body, the petitioner will not be entitled to register the sale deed. However, if the revenue authorities declare it as not a water body or water catchment area, and if it is patta land, the 2nd respondent shall proceed with the registration. This exercise shall be completed within six weeks from the date of receipt of a copy of the order.
6. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.
NCC : Yes / No Index : Yes / No Internet : Yes
10.07.2025 [2/2]
Ksa
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W.P(MD)No.18656 of 2025
To:
Karaikudi Taluk,
Sivagangai District.
Sivagangai District.
Sivagangai District.
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W.P(MD)No.18656 of 2025
S.SRIMATHY, J.
Ksa
ORDER MADE IN W.P(MD)No.18656 of 2025 [2/2]
DATED :10.07.2025
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2 issues framed by the court
Whether the Sub-Registrar's refusal check slip citing water catchment area classification could be quashed and registration directed.
Whether the land is a water body or patta land, to be determined by revenue authorities.
1 provisions across 1 enactments
Alangaram
The District Registrar, Sivagangai District
The Joint Sub-Registrar, No.II, Karaikudi, Sivagangai District
The Tahsildar, Karaikudi Taluk
The Zonal Deputy Tahsildar, Karaikudi
The Revenue Divisional Officer, Devakottai
S.Srimathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
