O R D E R

The present petition has been filed seeking the relief of quashment of the impugned order passed by the 3rd respondent herein culminating in the order of refusal No. RFL / Marakkanam / 7 / 2022, dated 25.08.2022 and further direct the 3rd respondent herein to register the sale deed presented by the petitioner herein.

2. Mr. E.Vijay Anand, learned Additional Government Pleader takes notice for the respondents 1 to 3 and Mr.M.Shajahan, learned Spl. Government Pleader takes notice for the 4th respondent.

3. It is the case of the petitioner that the petitioner is the owner of the house site plot was classified as Natham comprised in S.No.1020/2, New S.No.481 measuring an extent of 2856 sq. ft. in Marakkanam Village, within the registration district of Villupuram District and Sub-Registration district of Marakkanam and she purchased the above said plots from one Subrmani Pillai vide sale deed dated 31.08.1998. The petitioner is absolute possession and enjoyment of the above said lands and all the revenue records pertaining to the said property stands in the name of the petitioner. In such circumstances, after perusal of all the documents pertaining to the said lands one Punniyakotti came forward to purchase the above said plot. On 25.08.2022, after making necessary arrangements, the petitioner presented the document for registration before the 3rd respondent and the same was refused to register on the ground that the above said land was gifted to the Marakanam Town Panchayat. Challenging the said refusal check slip dated 25.08.2022, the petitioner has filed the present writ petition.

4. Learned counsel for the petitioner submits that in order to grab the above said property, the 4th respondent has made a false complaint to the 3rd respondent. Without conducting an enquiry, the 3rd respondent regused to register the said document in favour of Punniyakotti and the same is in total violation. The above said land was never gifted to the Marakkanam Town Panchayat and no revenue records is available to establish in favour of the 4th respondent. In the absence of any revenue records or restrained order from any of the Court, the third respondent refused to register the said sale deed is non- est in law and issued refusal check slipt and the same is liable to be quashed and this Writ Petition may be allowed.

5. Learned Additional Government Pleader appearing for the official respondent herein submits that based on the objection made by the local people, the 4th respondent conducted a field inspection and filed a report stating that the above said disputed land is shown as a road in the layout named as Vedhagiri Nagar an old unapproved layout and the town panchayat has constructed rain water drain on the said land and requested the respondent not to register any document under his letter No.A1/107/2022 dated 23.08.2022. Accordingly the 3rd respondent has rightly passed the impugned order refusing to register the sale deed presented by the petitioner and the same cannot be found fault with and therefore, the order impugned in this Writ petition needs no interference of this Court and deserves to be dismissed.

6. Heard the learned counsel on the either side and perused the materials available on record.

7. The issue in this case no longer res integra as the similar issue was considered by this Court in the case of Vadamugam Vellode NalukaraiNattu Goundergal Sangam Vs Inspector General of Regisration, 2021 (1) CTC 535 in W.P.No.12585 of 2020 & W.M.P.Nos.15518 & 15521 of 2020. The relevant portion of the order is extracted under as:

10. The 5th Respondent has approached the Civil Court and he has file O.S.No.48 of 2019, seeking for the relief of Partition and separate posession of 1/27th share in the Suit properties. It is also seen that the 5th Respondent has filed yet another Suit in O.S.No.58 of 2017 in which kshe has claimed for the relief of Permanent Injunction restraining the Defendants not to alienate the Suit Properties. In both th