Jayadevan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2019

CORAM

THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD Writ Petition No.19149 of 2019 and WMP.No.18537 of 2019 Jayadevan

...Petitioner

Vs

1. The District Collector, Office of the Collectorate, Saram, Puducherry.

2. The District Collector, Karaikal, Puducherry.

3. The District Registrar, Registration Department, Saram, Puducherry.

... Respondents Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Prohibition prohibiting the respondents from entertaining any registration of sale deeds in the region of union territory of Puducherry by adopting unlawful methods of conversion of agricultural lands into housing plots.

For Petitioner :

Mr.R.Sreedhar For Respondents:

M/s.Usha Additional Government Pleader (Puducherry)

O R D E R

[Order was delivered by S.MANIKUMAR,J] The petitioner has sought for issuance of a Writ of Prohibition prohibiting the respondents from entertaining any registration of sale deeds in the region of Union Territory of Puducherry by adopting unlawful methods of conversion of agricultural lands into housing plots. Supporting the prayer sought for, the petitioner has made the following grounds:-

"(b). The respondents ought to have given a direction to all the sub-registrars directing them not to register such sale deeds which circumvents the legal method of conversion of agricultural lands into housing plots.

(c). The third respondent being the competent authority had not done anything on the representation instead allowed registration is against the Public Policy.

(d). The respondents are very much aware of the consequences of conversion of agricultural lands into housing plots is liable to be answer for maintaining silence in this issue which is willful disobedience of this Hon'ble Courts earlier orders and directives".

2. During the course of hearing, when a specific question was posed to Mr.R.Sreedhar, learned counsel appearing for the petitioner, as to what is the relevant statutory provision or rule which prohibits conversion of agricultural lands into housing plots, there is no answer. Without any statutory backing, instant writ petition has been filed for issuance of a Writ of Prohibition. The writ petitioner has not demonstrated that there has been violation of any law or Government order which prohibits conversion of agricultural lands to housing plots. In the absence of the provision being pointed out in the supporting affidavit or material on record that there is a legal bar for conversion of agricultural lands into housing plots, the prayer sought for is liable to be rejected. Since judicial time is wasted, writ petition deserves to be dismissed with costs. However we refrain from doing so.

3. Accordingly the writ petition stands dismissed. No costs. Consequently connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar (CS-V) //True Copy// Sub Assistant Registrar dpq To

1. The District Collector, Office of the Collectorate, Saram, Puducherry.

2. The District Collector, Karaikal, Puducherry.

3. The District Registrar, Registration Department, Saram, Puducherry.

+1cc to Mr.R.Sreedhar, Advocate, S.R.No. 57828 +1cc to the Government Pleader for Puducherry, S.R.No. 58785 Writ Petition No.19149 of 2019 and WMP.No.18537 of 2019 PA(CO) GN(08/08/2019)