Satyamurthy v. The Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :11.03.2022 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.5570 of 2022 Satyamurthy
...Petitioner
Vs.
1.The Principal Secretary to Government, Registration Department, Secretariat, Chennai-9.
2.The Inspector General of Registration, Santhome High Road, Chennai.
3.The District Registrar, Salem Registration District, Salem-1.
4.The Sub Registrar, Omalur Sub Registrar Office, Omalur, Salem District.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to issue change in entry in their guideline value by remove the classification of Government Wakf Board land in S.No.174/1A3 at Omalur Town and Taluk, Salem District on the file of 4th respondent by considering the petitioner's representation dated 09.02.2018 within the specific period of time fixed by this Hon'ble Court.
For Petitioner :
Mr.T.Ganesan For Respondents :
Mr.Yogesh Kannadasan Special Government Pleader
O R D E R
This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents to issue change in entry in their guideline value by removing the classification of Government Wakf Board land in S.No.174/1A3 at Omalur Town and Taluk, Salem District, on the file of 4th respondent, by
considering the petitioner's representation dated 09.02.2018, within the specific period of time that may be fixed by this Court.
2. The learned Special Government Pleader takes notice for the official respondents. In view of the limited relief sought for in this petition and on the consent of the learned counsel appearing on either side, this petition is taken up for final disposal.
3. The case of the petitioner is that the petitioner is the owner of the property in Survey No.174/1A3, an extent of 0.58.1/2 acres in Omalur Town and Taluk, on the file of Sub Registrar, Omalur, Salem District. However, the petitioner came to know that in the 4th respondent guide line book, the above said land is valued as 'zero' and classified as "Government Wakf Board land". Hence, the petitioner made a representation before the 4th respondent on 09.02.2018 for surveying and re-classifying the land. However, till date, no orders have been passed. Hence, this writ petition is filed with the above said prayer.
4. The learned counsel appearing for the petitioner submitted that it would suffice, if this Court issues a direction to the 4th respondent to consider the petitioner's representation dated 09.02.2018 and pass orders within the time frame that may be fixed by this Court.
5. The learned Special Government Pleader appearing on behalf of the official respondents submitted that in respect of re-classification of Government land, power is vested with the Government and not the Registration Department. Registration Department is incompetent to re-classify the land. So, in view of the above, the prayer sought for in this petition cannot be considered by the respondents. Accordingly, he prayed for dismissal of this Writ Petition.
6. The facts in the present case are not in dispute. The petitioner claim that he is the owner of the said property, whereas the land was re classified as "Government Wakf Board Land". However, in view of the wrong classification, petitioner is not able to enjoy the possession of the property. Hence, for fixing the guideline value by removing the classification of Government Wakf Board land, he made a representation to the 4th respondent, dated 09.02.2018. However, mandamus can be issued only to the person who has the power to decide the issue. Considering the fact that the respondents are incompetent to consider the petitioner's representation, the prayer in this Writ petition cannot be considered. However, liberty is granted to the petitioner to work the remedy in the manner known to law.
7. With the above observation, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS) // True Copy // Sub Assistant Registrar Psa To 1.The Principal Secretary to Government, Registration Department, Secretariat, Chennai-9.
2.The Inspector General of Registration, Santhome High Road, Chennai.
3.The District Registrar, Salem Registration District, Salem-1.
4.The Sub Registrar, Omalur Sub Registrar Office, Omalur, Salem District.
+1cc to M/s.T.Ganesan, Advocate, Sr.No.17136 +1cc to the Special Government Pleader, Sr.No.17420 W.P. No.5570 of 2022 SKM(CO) RN(30/03/2022)