Petitioner sought mandamus to register a release deed refused because the guideline value was zero; the land was classified as 'Vaari' (water body) in the A-Register. Holding that water body land cannot be transacted, the court dismissed the writ petition.
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W.P(MD)No.24338 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.09.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.24338 of 2025
Swamykannu ... Petitioner
Vs.
1.The Inspector General of Registration, No.100, Santhom High Road, Chennai – 28.
2.The District Registrar (Administration), Trichy District.
3.The Sub Registrar, Thiruverumbur Sub Registrar's Office, Trichy District.
4.The Tahsildar, Srirangam Taluk, Trichy District. ( R.4 is suo motu impleaded vide order of this Court dated 09.09.2025) ... Respondents
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W.P(MD)No.24338 of 2025
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent to register the release deed dated 12.07.2025 and consequently release the petitioner's original deed on the basis of petitioner's representation dated 22.07.2025 within a time frame that may be fixed by this Court.
For Petitioner : Mr.K.Arunraj
For Respondents : Mr.D.Gandhiraj Special Government Pleader for R.1 to R.3
Mr.M.Lingadurai Special Government Pleader for R.4
ORDER
Heard both sides.
2.The writ petitioner's siblings executed release deed dated
12.07.2025 in his favour. The document was presented for registration.
The registering authority declined to register the document on the ground that in the guideline register, the value for the property has been shown
as zero. Challenging the stand of the registering authority, the present writ petition came to be filed.
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W.P(MD)No.24338 of 2025
3.I suo motu implead the jurisdictional Tahsildar. Today, when the
matter was taken up for hearing, the learned Special Government Pleader produced copy of the A-Register and it is seen therefrom that Survey No. 95, Thirumalaisamudram has been classified as “Vaari”. It is a water body. It is true that the patta stands in the name of the writ petitioner's mother. But on that ground registration cannot be permitted. The registering authority was justified in his stand. It has been held consistently that what has been classified as a water body in the revenue record cannot be permitted to be the subject matter of any transaction. No mandamus can be issued contrary to law.
4.This Writ Petition stands dismissed. No costs.
16.09.2025
NCC : Yes / No Index : Yes / No Internet : Yes / No MGA
To
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W.P(MD)No.24338 of 2025
G.R.SWAMINATHAN, J.
MGA
W.P(MD)No.24338 of 2025
16.09.2025
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1 issue framed by the court
Can the registering authority refuse registration of a release deed over land classified as a water body in revenue records despite patta standing in the executant's name?
Swamykannu
The Inspector General of Registration
The District Registrar (Administration), Trichy District
The Sub Registrar, Thiruverumbur Sub Registrar's Office, Trichy District
The Tahsildar, Srirangam Taluk, Trichy District
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
