Madras High Court

WP(MD)/3299/2026 of Mariammal Vs The District Collector on 27 October 2026

WP(MD) No. 3299 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 27-10-2026

CORAM

THE HON'BLE MR JUSTICE K.KUMARESH BABU

WP(MD) No. 3299 of 2026

CNR:{HCMD010151882026}

AND

WMP(MD) No. 2725 of 2026

Mariammal

..Petitioner(s)

Vs

1. The District Collector,

Tirunelveli District.

2. The Revenue Divisional Officer,

Cheranmahadevi, Tirunelveli District.

3. The Special Tahsildar(Adi Dravidar Welfare), Cheranmahadevi, Tirunelveli District.

4. The Sub Registrar,

Mukkoodal Registrar Office, Tirunelveli District.

..Respondent(s)

PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus, call for the records pertaining to the impugned refusal slip in Refusal Number. RFL/Mukoodal/85/2025 dated 30.12.2025 issued by the 4th respondent and quash the same as illegal and arbitrary and consequently direct the 4th respondent to register and release the Memorandum of Deposit of Title Deeds dated 23.12.2025, without insisting upon NOC.

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WP(MD) No. 3299 of 2026

For Petitioner

:Mr.R.Ponkarthikeyan

For Respondents

:Mr.I.Pinaygash

Special Government Pleader

ORDER

The present Writ Petition has been filed in the nature of a Writ of Certiorarified Mandamus challenging the impugned refusal check slip in Refusal Number. RFL/Mukoodal/85/2025 dated 30.12.2025 issued by the 4th respondent with a direction to the 4th respondent to register and release the Memorandum of Deposit of Title Deeds dated 23.12.2025, without insisting upon NOC.

2. Heard the learned Counsel on either side.

3. The impugned refusal check slip had been issued indicating the reasons that the document could not registered in view of the restrictions laid in the case of panjami lands.

4. The petitioner was benefited with a house site by way of assignment for which patta was also issued to her and the condition that had been indicated in the patta was that a conditional sale could also be

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WP(MD) No. 3299 of 2026 made only after getting no objection from the jurisdictional Revenue Divisional Officer.

5. By a Government Order in G.O.(Ms)No.34, Revenue and Disaster Management Department, dated 13.01.2021, the Government accepting the recommendations of the Commissioner of Adi Dravidar Welfare had issued further instructions by way of a clarification to the conditions laid down in the grant of assignment that the beneficiary under the free house site was also permitted to mortgage the property before banks. In a subsequent Government Order in G.O.(Rt)No.413, Revenue and Disaster Management Department, dated 22.06.2021, it is further clarified that the beneficiary is also permitted to mortgage the free house site to the primary lending institution for availing housing loan for construction of houses.

6. The petitioner who had presented a memorandum of deposit of title deed for availing a loan facility cannot be denied the same to be registered in view of the subsequent Government Orders which had clarified the conditions in the order granting assignment by permitting mortgage of the property.

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WP(MD) No. 3299 of 2026

7. In such view of the matter, the reasons attributed in the rejection check slip cannot be sustained and is liable to be interfered with. Accordingly, the Writ Petition is allowed and the impugned refusal check slip issued by the fourth respondent, dated 30.12.2025 is set aside. The petitioner is permitted to re-present the subject document before the fourth respondent and on re-presentation, the fourth respondent is directed to receive and register the same, if it is otherwise in order, forthwith. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 27-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No cmr To

1. The District Collector Tirunelveli District.

2. The Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District.

3. The Special Tahsildar(Adi Dravidar Welfare), Cheranmahadevi, Tirunelveli District.

4. The Sub Registrar, Mukkoodal Registrar Office, Tirunelveli District.

WP(MD) No. 3299 of 2026 K.KUMARESH BABU, J. cmr WP(MD) No. 3299 of 2026 27-10-2026

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