Natarajan Mg v. The Sub Registrar

O R D E R This Writ Petition has been filed challenging the refusal check slip issued by the respondent vide Refusal Number RFL / Shencottai / 59 / 2025, dated 15.12.2025, and to quash the same, and consequently to direct the respondent to register the sale deed uploaded on 15.12.2025 in respect of the properties comprised in Survey Nos.1070/7 and 1070/1A, situated at Adavi Nainarkovil Kadu, Shencottai Taluk, Tenkasi District.

¶2The learned counsel appearing for the petitioner would submit that the subject land is a private forest governed by the Tamil Nadu Preservation of Private Forests Act, 1949. He would further submit that when the petitioner presented the sale deed before the respondent to register the said property, the respondent refused to register the document on the ground that, for registration of the said property, the petitioner is required to obtain prior permission from the District Forest Committee and also to obtain valuation of the trees by the officials of the Horticulture Department.

¶3The learned Special Government Pleader appearing for the respondent would submit that, in view of the provisions under Section 3(1)(a) of the Tamil Nadu Preservation of Private Forests Act, 1949, it is mandatory on the part of the petitioner to obtain prior permission from the competent authority before effecting any transfer of private forest land. Hence, the refusal check slip issued by the respondent is strictly in accordance with law.

¶4Considering the submissions made on either side, this Court finds that the subject property is a private forest coming within the ambit of the Tamil Nadu Preservation of Private Forests Act, 1949. In such circumstances, prior permission under Section 3(1)(a) of the said Act is mandatory before effecting any sale or transfer of the property. Therefore, this Court does not find any infirmity in the decision-making process adopted by the respondent while issuing the refusal check slip.

¶5It is open to the petitioner to make an appropriate application before the competent authority seeking permission under Section 3(1)(a) of the Tamil Nadu Preservation of Private Forests Act, 1949. Upon obtaining such permission, the petitioner is at liberty to re-present the sale deed. On such re-presentation, the respondent is directed to consider the same and register the document, if it is otherwise in order, forthwith.

¶6Accordingly, this Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

27.01.2026 Index : Yes/No Internet: Yes/No TSG To The Sub Registrar, Shencottai, Tenkasi District.

KRISHNAN RAMASAMY, J. TSG W.P.(MD)No.1671 of 2026

27.01.2026

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 27.01.2026 CORAM THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.1671 of 2026 and W.M.P.(MD).No.1322 of 2026 M.G.Natarajan ... Petitioner Vs The Sub Registrar, Shencottai, Tenkasi District. ... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, by calling for the entire records pertaining to the refusal check slip issued by the respondent vide Refusal Number :RFL / Shencottai / 59 / 2025, dated 15.12.2025 and quash the same and consequently direct him to register the sale deed uploaded on 15.12.2025 in respect of the properties in Survey Nos.1070 / 7 and 1070 / 1A, Adavi Nainarkovilkadu, Shencottai Taluk, Tenkasi District. For Petitioner : Mr.S.Ashok For Respondent : Mr.M.Lingadurai, Special Government Pleader