Mrs. Pattammal, v. The Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18-12-2018

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.28462 of 2005 And W.P.M.P.Nos.31059 to 31061 of 2005 1.Mrs.Pattammal 2.Mr.Sankar 3.Mrs.Mallika 4.Mr.Doss 5.Mrs.Komalvalli alias Komathi 6.Mr.Ramu .. Petitioners ..Vs..

1.The Government of Tamil Nadu, Rep.by Secretary Housing and Urban Development Department, Fort St. George, Chennai - 600 009.

2.The Sub Registrar, Thiruporur, 3.The Chennai Metropolitan Development Corporation, rep.by its Member Secretary No.8, Gandhi Irwin Road, Egmore, Chennai - 600 008.

4.The Deputy Director, Town Planning, No.131, G S T Road, Chengalpattu, 5.The Director, Town & Country Planning, No.807, Anna Salai, Chennai - 600 002.

6.The President, Thiruvidhanthai Panchayat Board, ..Respondents Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to G.O.Ms.No.241 dated 19.09.2003 Housing and Urban Development (UD-III-1) Department passed by first respondent banning registration of the sale of the property of 57 cents i.e., 31 cents in S.No.137/29, 10 cents in S.No.137/48 and 16 cents in S.No.137/31, situated at No.45, Thiruvidanthai Village, Chengalpattu Taluk, Kancheepuram District, and quash the same and direct the 2nd, 3rd, 4th and 6th respondents herein to permit the petitioners, legal representatives, successors in interest, to sell the property of the petitioners by executing the sale deed in favour of any prospective purchaser/s and to receive and consider the application for sanction plan, respectively by the petitioners in accordance with law.

For Petitioners : Mr.P.Subba Reddy For Respondents-1,4to6: Mr.G.B.Rajesh, Government Advocate.

For Respondent-2 : Mr.P.P.Purushothaman, Government Advocate.

For Respondent-3 : No Appearance

ORDER

With reference to the relief sought for in the present writ petition is to quash the G.O.Ms.No.241, Housing and Urban Development Department, dated 19.09.2003, this Court passed a common order in a batch of writ petitions in W.P.Nos.23318 of 2004 etc. batch of cases on 12.04.2006.

2. The learned counsel for the writ petitioner states that the present writ petition is alone left at the time of listing of the batch of writ petitions. This Court passed the following orders in paragraphs-7 and 8 as follows:- "7. Applying the aforesaid ratio of the decision to the case on hand, I find that the present Government Order in G.O.Ms.No.241, dated 19.9.2003 has also been issued by the first respondent State Government in exercise of its powers under

Article 162 of the Constitution of India. There is no reference to any of the provisions of the Registration Act for the purpose of issuing the impugned Government Order. It is common ground that the issue relating to the Registration of any conveyance or other documents are governed by the provisions of the Registration Act.

Therefore, the various restrictions and stipulations contained in G.O.Ms.No.241, dated 19.9.2003 if allowed to operate, would virtually set at naught the statutory provisions contained in the Act as has been held by the above referred to decision. Such an exercise of power by the State Government under Article 162 of the Constitution of India cannot be allowed to operate, which directly conflicts with the statutory provisions contained under the Registration Act.

8. Having regard to the said legal position, the impugned Government Order cannot stand and the same is liable to be struck down. The writ petitions stand allowed, the impugned Government Order is hereby quashed. Consequently, the connected W.P.M.Ps are closed."

Thus, the benefit of the order passed by this Court in the batch of writ petitions, cited supra, is to be granted in favour of the writ petitioner also.

3. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar Svn To 1.The Secretary, The Government of Tamil Nadu, Housing and Urban Development Department, Fort St.George, Chennai - 600 009.

2.The Sub Registrar, Thiruporur, 3.The Member Secretary Chennai Metropolitan Development Corporation, No.8, Gandhi Irwin Road, Egmore, Chennai - 600 008.

4.The Deputy Director, Town Planning, No.131, G S T Road, Chengalpattu, Kancheepuram District.

5.The Director, Town & Country Planning, No.807, Anna Salai, Chennai - 600 002.

6.The President Thiruvidhanthai Panchayat Board, +1cc to M/S.P.Subbareddy, Advocate Sr.88276 W.P.No.28462 of 2005 ss[co] srg 25/01/2019