M.Chockalingam v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.10380 of 2004 and W.P.M.P.No.12100 of 2004

1. M.Chockalingam

2. M.Thangammal

3. L.Ramasamy

4. P.Ramasamy

5. K.Ayyadurai

6. C.Uchini Mahali

7. J.Jesindha

8. A.Antony Santhanaraj .. Petitioners Vs.

1. The District Collector, Tuticorin District,

2. The Registrar of Assurances,

3. The Sub-Registrar of Assurances, Keelur, Tuticorin.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarifid Mandamus to call for the records relating to the circular in Na.Mu.Ka.Oo.Ni.4/7295/2003, dated 27.11.2003 passed by the first respondent and to quash the same and direct the third respondent herein to register the sale deeds, if presented by the petitioners, in respect of their lands bearing Survey No.134/2 to an extent of 1 acre and 79 cents, 127/1 to an extent of 1 acre and 98 cents, 128/2 to an extent of 1 acre and 50 cents, Survey No.133/2, to an extent of 5 acres and 35 cents, Survey No.127/2, to an extent of 2 acres and 49 cents, Survey No.133/1 to an extent of 1 acre and 79 cents, Survey No.132/3 to an extent of 1 acre and 64 cents and Survey No.227 (Part) to an extent of 75 cents totalling 17 acres and 29 cents, all situated

in Mappillaiyurani Village, Tuticorin Taluk and District, either in whole or in part.

For Petitioner : Mr.S.Subbiah For Respondents : Mr.Akhil Akbar Ali, Govt. Advocate

ORDER

The petitioners have come forward with the above Writ Petition praying for issuance of a Writ of Certiorarifid Mandamus to call for the records relating to the Circular in Ne.Mu.Ka.Oo.Ni.4/7295/2003, dated 27.11.2003 passed by the first respondent and to quash the same and direct the third respondent herein to register the sale deeds, if presented by the petitioners, in respect of the lands in question. Pending Writ Petition, the petitioners all along had the benefit of interim order of stay of the said Circular. The said Circular stipulates that to register a document, sanction from the Director of Town and Country Planning is essential. Further, the lands in question cannot be sold after 20.10.

2016, in view of express provision brought in by insertion of Section 22-A of the Registration Act, which was inserted by Tamil Nadu Act 2 of 2009, which came in to force on 20.10.2016. Therefore, if the petitioners have already sold the lands in question prior to 20.10.2016, then the same cannot be interfered with by this Court. But, if the petitioners have not parted with the lands in question, the petitioners are not entitled to the relief sought for by them in this Writ Petition, in view of the above said Section 22-A of the Registration Act. The Writ Petition is accordingly closed. No costs. The interim stay granted in W.P.M.P.No.12100 of 2004 is vacated and the said W.P.M.P. is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar cs Copy to

1. The District Collector, Tuticorin District,

2. The Registrar of Assurances,

3. The Sub-Registrar of Assurances, Keelur, Tuticorin.

+1cc to Mr.P.Raja, Advocate, S.R.No.61381 +1cc to the Government Pleader, S.R.No. 60415 W.P.No.10380 of 2004 SS(CO) GN(19/09/2017)