BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M. VENUGOPAL, J.
K. GURUCHANDRAN - Petitioner
Vs.
THE INSPECTOR GENERAL OF REGISTRATION – Respondents
Writ Petition (MD). No. 12483 of 2016 and W.M.P. (MD). Nos. 9446 and 9447 of 2016
Decided On : 25-07-2016
Heard both sides.
2. By consent, the main writ petition itself is taken up for final disposal.
3. According to the petitioner, the land in Sy.No.138/1 measuring an extent of 1089 sq.ft in Amaravathi Village, Amaravathi Pudur Group, Karaikudi, Joint II Sub Registrar, Karaikudi Registration District, was owned by one Mr.Mariappan, who purchased the same by way of a registered sale deed dated 28.10.2014 on the file of the 4th respondent's office. As a matter of fact, he purchased the property through a sale deed dated 20.06.2016 and the same was presented for registration before the 4th respondent, who in turn by virtue of the impugned proceedings 7/2016, dated 20.06.2016 had refused to register the sale deed, based on the reason, as per the proceedings of the third respondent/Tahsildar, Karaikudi, dated 07.10.2015, instructions were issued preventing the 4th respondent/Joint II Sub Registrar, Karaikudi, Sivagangai District from registering any document in respect of Sy.No.138.
4. As a matter of fact, the third respondent/Tahsildar, Karaikudi, Sivagangai District, by means of impugned proceedings dated 07.10.2015 directed the fourth respondent/Joint II Sub Registrar, Karaikudi, Sivagangai District, not to register any document in regard to Sy.No.138, as the properties which covered under Sy.No.138 stand in the name of 'Boomidhan Board', as per Village Records.
5. The stand of the petitioner is that his vendor one Mariappan had purchased the property in question from one Thiruselvam, who in turn had purchased the same from one Rakkappan Ambalam, S/o. Ramasamy Ambalam, through his power agent K.V. Sundaram vide document No. 3582/2002, dated 08.11.2002 on the file of the 4th respondent. In fact, the said Rakkappan Ambalam had purchased 10 acres 93 cents in the aforesaid Sy.No.138 from its original owner R.M. Karuppan Chettiar through a registered sale deed dated 19.09.1966 and one Nachiappan Ambalam had purchased the remaining extent of 1 acre in the said Sy.No.138 through another registered sale deed. Thus, the whole extent of 11 acres and 93 cents comprised in the said Sy.No.138 belonged to the said Rakkappan Ambalam, Nachiappan Ambalam and they were issued pattas for the same. In reality, the said Rakkappan Ambalam had plotted a portion of his land in the said Survey number into 91 plots, after obtaining necessary approval and sold them to enormous persons and the petitioner's vendor is also one of the purchasers.
6. The version of the petitioner is that one Aukasam and 19 others filed a civil suit in O.S. No. 448/1967 on the file of the Learned District Munsif, Devakottai against the said Rakkappan Ambalam and Nachiappan Ambalam showing them as 1st and 2nd defendants and the State of Tamil Nadu was shown as 7th defendant. In the said suit, the relief of declaration and permanent injunction in respect of the aforesaid lands in Sy.No.138, claiming as if the said properties owned by Boodhan Yagna Board having been donated by original owner Somanathan Chettiar was sought for and that the Boodhan Yagna Board had granted the said property to the plaintiffs, who claimed to be the grantees. In the suit, it was contended that the plaintiffs and others were owners and possessors of the said properties as 'Grantees' and that the defendants, on 27.09.1967, obstructed the plaintiffs from reclaiming the said property thereby claiming title and possession. Ultimately, the suit was disposed of on 30.11.1979 by the trial court, in and by which, the suit was dismissed on the ground that the said Sy.No.138 belonged to the said R.M. Karuppan Chettiar, as claimed by the defendants and not to the said Somanathan Chettiar, as alleged by the plaintiffs and the gift effected by the said Somanathan Chettiar in favour of the 'Boodhan Yagna Board' is void.
7. The primordial plea projected on the side of the petitioner is that the judgment passed by the trial court in O.S. No. 448 of 1967, dated 30.11.1979 clearly points out that the 'Boomidhan Board' does
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.