B.R.Puram Kondasamy Nagar Residents v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH B.R.Puram Kondasamy Nagar Residents Welfare Association, Regd.No.Sl.No.SRG/Coimbatore/48/2021, Rep. by its President, D.Jayakumar ... Petitioner vs.
1.The Secretary to Government, Revenue Department, Fort St. George, Chennai - 600 009.
2.The Special Commissioner/Commissioner of Land Reforms, Chepauk, Chennai - 600 005.
3.The Authorized Officer, Urban Land Ceiling / Assistant Commissioner for Urban, Land Ceiling and Tax, Collectorate, Coimbatore - 18.
4.The Tahsildar, Coimbatore South Taluk, Race Course, 5.The Special Deputy Tahsildar, O/o. Assistant Commissioner for Urban Land Tax, Coimbatore South Taluk, Coimbatore.
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6.The Revenue Inspector, Uppilipalayam, Coimbatore District.
7.The Village Administrative Officer, Uppilipalayam Village, Coimbatore District.
8.The District Registrar, Registration Department, 9.The Sub Registrar, Registration Department, Singanallur, Coimbatore
...Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India for writ of Mandamus directing the 9th respondent to receive members of the petitioner association deeds and register the same without insisting them to produce No Objection Certificate from the respondents 1 to 8. For Petitioner : Mr.C.Prakasam For Respondents : Mr.Yogesh Kannadasan Special Government Pleader
ORDER
A Residents' Welfare Association has filed this writ petition seeking for issuance of writ of mandamus directing the Sub Registrar to receive the documents for registration from its members and register the same without insisting for No Objection Certificate from the respondents 1 to 8 which includes the Urban Land Ceiling Department Authorities. 2/6
2. The cause of action for receiving the deeds and documents for registration by the Sub Registrar would depend upon various factors concerning the authority executing the sale deed as well as the beneficiary of the documents, apart from the valuation of the property, the amount of stamp duty to be paid etc. Such cause of action would vary from one person to another person and therefore, a unilateral prayer by the Welfare Association for a direction to the Registration Authorities to receive the deeds and documents filed by them for registration and act upon the same, may not be appropriate.
3. In this background, if the individual members are granted liberty to approach this Court, as and when, the registration authorities refuse to register the documents/deeds or otherwise do not act upon such documents/deeds, the ends of justice would be secured.
4. In the light of the above observation, this writ petition is disposed of with liberty to the individual members of the petitioner welfare association namely B.R.Puram Kondasamy Nagar Residents Welfare Association, to file 3/6
individual writ petitions, as and when a cause of action arises. No costs 13.03.2023 nl Index: Yes/No Speaking order/Non-Speaking Order To 4/6
1.The Secretary to Government, Revenue Department, Fort St. George, Chennai - 600 009.
2.The Special Commissioner/Commissioner of Land Reforms, Chepauk, Chennai - 600 005.
3.The Authorized Officer, Urban Land Ceiling / Assistant Commissioner for Urban, Land Ceiling and Tax, Collectorate, Coimbatore - 18. 4.The Tahsildar, Coimbatore South Taluk, Race Course, 5.The Special Deputy Tahsildar, O/o. Assistant Commissioner for Urban Land Tax, Coimbatore South Taluk, Coimbatore.
6.The Revenue Inspector, Uppilipalayam, Coimbatore District.
7.The Village Administrative Officer, Uppilipalayam Village, Coimbatore District.
8.The District Registrar, Registration Department, 9.The Sub Registrar, Registration Department, Singanallur, Coimbatore M.S.RAMESH, J.
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