Cinna Ponnu v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10.03.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.6535/2015 1.Cinna Ponnu 2.Vijayan 3.C.Ramu @ Ramamoorthy 4.C.Anthony 5.C.Muthu 6.C.Soundararajan 7.Rose 8.C.Manivannan 9.Karpagam 10.C.Parkunan 11.C.Parthiban 12.Durai Singh 13.C.Sivalingam 14.Bairavan 15.Rani 16.Paul Raj ... Petitioners

Versus

The Sub Registrar Pallavaram Sub Registrar Office Chennai-44.

... Respondent Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondent to release Document No.P.26/2015 dated 28.01.2015 pursuant to the representation dated 24.02.2015 pending before the respondent. For Petitioners :

Mr.V.Karnan For Respondent :

Mr.S.Gunasekaran, GA

ORDER

Heard Mr.V.Karnan, learned counsel appearing for the petitioners ; and Mr.S.Gunasekaran, learned Government Advocate accepting notice for the respondent and with their consent, the writ petition is disposed of at the admission stage itself. 2.The petitioners have filed this writ petition praying for a direction to the respondent to release the Power of Attorney document which is now kept as pending document in P.No.26/2015 dated 28.01.2015. The petitioners would state that the respondent is refusing to release the document on the ground that the land was the subject matter of the Land Acquisition proceedings for the Tamil Nadu Housing Board. It is further submitted that the original land owners filed WP.Nos.

21810 to 21812/2008 challenging the order passed by the Sub Registrar, Pallavaram and for a consequential direction to execute and register the Settlement Deed without insisting upon the No Objection Certificate. The said writ petitions were allowed by the order dated 16.09.2008. Thereafter, several other persons who have purchased the property in the said layout, have registered the documents and the documents have also been released pursuant to the directions passed by this Court in several writ petitions. On such writ petition being WP.No.26941/2014 dated 10.10.2014, wherein a direction was issued by this Court to consider the representation of the petitioner therein.

3.Learned Government Advocate would submit that the respondent may be directed to consider the petitioners' representation as ordered by this Court in the earlier writ petition. 4.In the light of the above, considering the limited nature of the prayer sought for, without expressing any opinion on the merits of the petitioners' case, the writ petition is disposed of by directing the respondent to consider the representation of the petitioners dated 24.02.2015 and pass orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

5.It is open to the respondent to verify as to whether the land acquisition proceedings are already quashed and also take note of the earlier orders issued by this Court in the writ petitions referred to supra and act in accordance with law.

6.The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar AP To The Sub Registrar Pallavaram Sub Registrar Office, Chennai-44. +1cc to Mr.V.Karnan, Advocate, S.R.No.13385 +1cc to the Government Pleader, S.R.No.13608 WP.No.6535/2015 UG(CO) CA(13/03/2015)