Sreethi K S v. The Inspector General of Registration
WP(MD)/17025/2024 · 2026-07-14
S Srimathy
Transfer Petitionbody2024
DailyLaw.ai
[ 2024 DAILYLAW 4776 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 4776 (MAD) · dailylaw.ai ]
Judgment text
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WP.(MD) NO.17025 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 06.11.2025 Pronounced on: 14.07.2026 CORAM THE HONOURABLE MRS JUSTICE S.SRIMATHY WP.(MD) NO.17025 of 2024 K.S.Sreethi
...Petitioner
-Vs- 1.The Inspector General of Registration, Office of The Inspector General of Registration, Chennai-600 028. 2.The Deputy Inspector General of Registration, Integrated Registrar Office Complex, St.Mark Road, Palayamkottai-627 002, Tirunelveli. 3.The District Registrar, Office of the District Registrar, Marthandam,Kanyakumari District. 4.The Sub Registrar, Palugal Sub Registrar Office, Kanyakumari District. 5.The Tahsildar, Vilavancode Taluk, Kanyakumari District. ...Respondents
1 https://www.mhc.tn.gov.in/judis
WP.(MD) NO.17025 of 2024 For Petitioner(s): Mr.C.Kishore For Respondent(s): Mr.G.Suriya Ananth Additional Government Pleader-For R1 to R5 Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 3rd respondent in Na.Ka.No.5489/A/2023 dated 04.01.2024 and the consequential impugned order passed by the 3rd respondent in Na.Ka.No.311/E/2024 dated 20.02.2024 and quash the same as illegal and consequently direct the 3rd respondent herein to reclassify the petitioner's land situated in R.S.No.422/8, Sub divided as R.S.No.422/8A, Anducode 'A' Village, palugal Sub Registrar office, Marthandam Registration District, Kanyakumari District for an extent of 16 cents as “Nanjai land” and as such make necessary entries in the classification records including to that of its website in a time framed manner as fixed by this court.
ORDER The present writ petition is filed for issuance of Writ of Certiorarified Mandamus to quash the impugned order dated 04.01.2024 passed in Na.Ka.No.5489/ A/2023 by the 3rd respondent and the consequential impugned order dated 20.02.2024 passed in Na.Ka.No.311/E/2024 by the 3rd respondent and consequently direct the 3rd respondent to reclassify the petitioner's land situated in R.S.No.422/8, sub divided as R.S.No.422/8A, Anducode 'A' Village, Palugal Sub Registrar office, 2 https://www.mhc.tn.gov.in/judis
WP.(MD) NO.17025 of 2024 Marthandam Registration District, Kanyakumari District for an extent of 16 cents as
“Nanjai land” and make necessary entries in the classification records including website. 2. The brief facts of the case are that the petitioner is the absolute owner of the property comprised in R.S.No.422/8, Anducode 'A' village, Palugal Sub Regsitrar Office, Marthandam Registration District, Kanyakumari District, to an extent of 16 cents of “Nanjai Land”. The Petitioner also owned other lands in R.S.No.422/10, 422/11 in the very same village, which is also a “Nanjai lands”. The Revenue Authorities have classified the above lands as “Nanjai lands” and as such Patta, Chitta, 'A' Register of Revenue Authorities has classified the lands as Nanjai lands. The land in R.S. No.422/8A is situated at a much lower level than the adjoining survey fields and is located almost along the riverbed. The petitioner's father had planted rubber trees in the said land and the said plantations continue to exist. On 14.01.2008 the petitioner’s mother Mrs.Shobana Kumari had executed Settlement Deed in Doc.No.90/2008, while executing the same the 4th respondent insisted to show the above lands as residential vacant land, the petitioner’s mother acceded to the same. Both petitioner and petitioner's mother were not aware of such change of the nature of the land from Nanjai to Residential vacant land though it was registered 3 https://www.mhc.tn.gov.in/judis
WP.(MD) NO.17025 of 2024 so. On scrutinizing the website of the Registration Department, the petitioner could find that above-mentioned properties were classified as “Residential areas Class – III- Type-I” and the guideline value has been calculated per square meter.
Further the website shows that the classification for various period as follows: 1 From 01.04.2002 to 31.03.2003 Dry (IRR) 2 From 01.04.2003 to 31.07.2007 Wet Land 3 From 01.08.2007 to 31.03.2012 Residential area Class-III 4 From 01.04.2012 to 08.06.2017 Residential Class-III Type I 5 From 01.04.2023 to till date Residential Class-III Type I When the land is used for rubber plantation, classifying the same as residential area is erroneous, hence the petitioner's father submitted a detailed representation dated 11.12.2023 to the District Collector and a copy to Chief Minister Special Cell. The said representation was forwarded to the 3rd respondent, who had passed the impugned order dated 04.01.2024 by rejecting the claim of the petitioner. Subsequently the petitioner had submitted a detailed representation 17.01.2024 to the 2nd respondent seeking reclassification and the same was forwarded to the 3rd respondent and the same was also rejected vide order dated 20.02.2024. Hence the present writ petition challenging both the impugned orders. Again the petitioner had submitted another detailed representation to the 1st respondent on 06.03.2024 and the same was not considered. 4 https://www.mhc.tn.gov.in/judis
WP.(MD) NO.17025 of 2024
3. Heard Mr.C.Kishore Learned Counsel appearing for the petitioner, Mr.G.Suriya Ananth, Learned Additional Government Pleader appearing for R-1 to R-5 and perused the records. 4. The primary contention of the petitioner is that the said land is being used for rubber plantation. Especially the petitioner land is lying low and also on the river bed and hence there is no possibility of any residential area. Hence classification of the said land as residential area is erroneous. On the other hand, the respondents submitted that the said land was classified based on the field examination of the Registrar wherein the Registrar had stated that the petitioner’s land is lying low, surrounded by residential area and rubber trees are available sporadically. 5.
It is seen that the respondents have not conducted the field examination in the presence of the petitioner and the copy of the field examination report was not served to the petitioner, thereby the field inspection was conducted by violating the principles of natural justice. Hence on this ground this Court is inclined to interfere in the impugned order. 5 https://www.mhc.tn.gov.in/judis
WP.(MD) NO.17025 of 2024
6. The next contention of the petitioner is that the extract of the adangal would indicate that the petitioner’s land is cultivated with rubber trees. This Court is of the considered opinion if there is any house then the revenue authorities would not have issued with adangal to the land in question. Therefore, the said land ought to be classified as agriculture land. 7. Further it is seen still the revenue authorities had classified the land in question as agricultural lands only. In such circumstances, the plea of the petitioner ought to be reconsidered by the registration department. 8. For the reasons stated supra the impugned order is set aside and the respondents are directed to serve the copy of the report to the petitioner and issue notice to the petitioner for field survey and the said field survey shall be carried in the present of the petitioner. Thereafter consider the petitioner claim for reclassification and pass order within a period of 12 weeks from the date of completion of survey. 6 https://www.mhc.tn.gov.in/judis
WP.(MD) NO.17025 of 2024
9. With the above directions the Writ Petition is allowed. There shall be no
order as to costs. 14.07.2026 KSA TO 1.The Inspector General of Registration, Office of The Inspector General of Registration, Chennai-600 028. 2.The Deputy Inspector General of Registration, Integrated Registrar Office Complex, St.Mark Road, Palayakottai-627 002, Tirunelveli. 3.The District Registrar, Office of the District Registrar, Marthandam,Kanyakumari District. 4.The Sub Registrar, Palugal Sub Registrar Office, Kanyakumari District. 5.The Tahsildar, Vilavancode Taluk, Kanyakumari District. 7 https://www.mhc.tn.gov.in/judis
WP.(MD) NO.17025 of 2024 S.SRIMATHY.J KSA
Order made in W.P(MD)NO.17025 OF 2024 DATE: 14.07.2026 8 https://www.mhc.tn.gov.in/judis