W.P.No.9015 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.08.2025 CORAM THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P.No.9015 of 2023 and WMP No.9140 of 2023 1.Robert Kennedy 2.R.Sagayamary : Petitioners Vs. 1.District Collector, Thiruvannamalai District, Thiruvannamalai. 2.Inspector General of Registration, No.100, Santhome High Road, Pattinappakkam, Raja Annamalaipuram, Chennai-600 028 3.Deputy Registrar, No.5, 101A, Gomathi Street, Kadaladi, Thiruvannamalai-606 906. 4.The Tahsildar, Chengam Taluk, Thiruvannamalai District. : Respondents 1/7 https://www.mhc.tn.gov.in/judis W.P.No.9015 of 2023 PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Certiorarified Mandamus, calling for records of the third respondent in connection with his impugned communication bearing reference Na.Ka.No.63 of 2022 dated 18.04.2022 and quash the same and direct the respondents 1 and 4 to give no objection for the registration of the sale deed by the petitioners in favour of purchaser with regard to the land Survey No.192/2A comprising of 3 acres and 9 cents in Kanchi village covered by the sale deed in favour of the petitioners registered as a document No.2258 of 2008 on the file of the third respondent. For Petitioner : Mr.V.Prakash Senior Counsel for M/s.Raman and Associates For Respondents : Mr.Abishek Murthy Government Advocate for R1 to R4 ORDER The present writ petition is filed praying for a writ of certiorarified mandamus challenging the impugned communication dated 18.04.2022 issued by the third respondent refusing to register the sale deed presented by petitioners. The impugned communication is extracted hereunder: ghh;it 1y; fhZk; j';fspd; kD Ma;t[ bra;ag;gl;lJ/ jh';fs; jpUtz;zhkiy khtl;lk;. br';fk; tl;lk;. fh";rp fpuhkj;jpy; rh;nt vz; 192/2A. g[jpa rh;nt vz; 192/2A1A1A1 Vf;fh; 1/20 brd;l; ,lj;ij fle;j 16/9/2008 y; Mtz vz; 2258/2008 K:ykhf fpiuak; bgw;wjhf bjhptpj;J ,e;j ,lj;ij jw;nghJ tpw;gid bra;a jpUtz;zhkiy khtl;lk; flyho rhh; gjpthshplk; nfl;lnghJ tpw;gid bra;a 2/7 https://www.mhc.tn.gov.in/judis W.P.No.9015 of 2023 kWg;gjhf brd;id gjpt[j;Jiw jiyth; mth;fsplk; kD mspj;Js;sPh;/ nkw;go fpuhk rh;nt vz;iz ,t;tYtfj;jpy; Ma;t[ bra;jjpy; ,e;j ,lk; DC Land gl;oaypy; cs;sJ/ vdnt muR tpjpfspd;go ,e;j ,lj;ij gjpt[ bra;a ,ayhJ vd j';fSf;F ,jd; K:yk; bjhptpj;Jf;bfhs;sg;glLfpwJ/ 2. From a reading of the impugned order, it appears that the reason which prompted the third respondent to refuse registration is on the premise that subject lands comprised in Survey No.192/2A1A1A1 measuring an extent of 1 acre 20 cents are Depressed Class lands. 3. Learned Senior Advocate appearing on behalf of the petitioners would submit that as per 'A' Register records, petitioners are the owner of subject lands and patta has also been issued in the name of the petitioners in respect of the subject lands. He would submit that subject lands have been patta lands for more than 100 years. He would further submit that once A Register as well as patta stands in the name of petitioners then it may be necessary for the authority claiming the lands to be depressed class lands to prove on the basis of documentary evidence. 4. In this regard, learned Senior Counsel relied upon a judgment of a Division Bench of this Court in W.A.No.3059 of 2024 dated 12.11.2024, wherein it 3/7 https://www.mhc.tn.gov.in/judis W.P.No.9015 of 2023 was held as under: "5.First of all, the learned Single Judge presumed that the land is a depressed class land which is meant for assignment in favour of depressed class persons. There is no record, except the register maintained by the Village Administrative Office to show that the land is classified as panchami land. The 'A' register prepared before and after the UDR, admittedly did not indicate that classification of land as presumed. When the land is a patta land as per the UDR records, unless it is proved by document that the land was originally reserved or assigned in favour of depressed class persons, title as per revenue records cannot be questioned. 6. In this case, admittedly, the revenue records stand in the name of the appellant based on the previous sale deed. In the absence of any proof to show that the land is reserved for assignment in favour of depressed class persons or it had already been assigned in favour of depressed class, the appellant cannot be prevented from selling his property. Merely an entry in the depressed class register maintained by the Village Administrative Officer, without corroboration by corresponding entry in revenue records, does not operate as a statutory bar for the Tahsildar to refuse to give a certificate. A Village Administrative Officer is not competent or authorised to prepare depressed class land Register to show whether a land is meant for depressed class or it is a land which was assigned in favour of depressed class." 5. To a pointed question to Additional Government Pleader is there anything to show that subject lands are in fact depressed class lands except the impugned communication which appears to be vague inasmuch as it does not even set out 4/7 https://www.mhc.tn.gov.in/judis W.P.No.9015 of 2023 evidence/documents on the basis of which the impugned communication arrives at a conclusion that the subject lands are depressed class lands, he was not able to show that there was any documentary evidence to support the impugned communication. 6. In view thereof, the impugned communication is set aside. It is open to the petitioners to present the sale deed for registration. On such presentation, the third respondent shall register the sale deed, if it is otherwise in order. If for any reason, the third respondent refuses to register the sale deed, he shall assign reasons in the refusal order. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law 7. In the result, this Writ Petition stands disposed of. There will be no order as to costs. Consequently, connected miscellaneous petition is closed. 5/7 https://www.mhc.tn.gov.in/judis W.P.No.9015 of 2023 05.08.2025 Speaking (or) Non Speaking Order Neutral Citation: Yes/No mrn To 1.District Collector, Thiruvannamalai District, Thiruvannamalai. 2.Inspector General of Registration, No.100, Santhome High Road, Pattinappakkam, Raja Annamalaipuram, Chennai-600 028 3.Deputy Registrar, No.5, 101A, Gomathi Street, Kadaladi, Thiruvannamalai-606 906. 4.The Tahsildar, Chengam Taluk, Thiruvannamalai District. MOHAMMED SHAFFIQ, J. (mrn) 6/7 https://www.mhc.tn.gov.in/judis W.P.No.9015 of 2023 W.P.No.9015 of 2023 05.08.2025 7/7 https://www.mhc.tn.gov.in/judis