M.Dhanalakshmi v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI M.Dhanalakshmi
...Petitioner in W.P.No.32132 of 2022
R.K.Palanisamy
...Petitioner in W.P.No.32133 of 2022
Vs.
1.
The Inspector General of Registration, Office of the Inspector General of Registration, 100, Santhome High Road, Chennai - 600 028.
2.
The District Registrar, Office of the District Registrar, DR Office, District Collectorate Compound, State Bank Road, Coimbatore - 641 018.
3.
The Sub Registrar, Office of the Sub Registrar, Kangayam, No.8, Kovai Road, Taluk Office Compound, Kangayam - 638 701.
...Respondents in both W.Ps.
Prayer in W.P.No.32132 of 2022: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to rectify the error in the online web portal ie. www.tnreginet.gov.in with respect to the classification of land in Survey No.285/3B4 as patta Dry land 1/7
instead of Government Hindu Religious Charitable lands and also the guideline value of the S.No.285/3B4, Padiyur Village, Kangeyam Taluk, Tiruppur District from "0".
Prayer in W.P.No.32133 of 2022: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to rectify the error in the online web portal ie. www.tnreginet.gov.in with respect to the classification of land in Survey No.285/3B2 as patta Dry land instead of Government Hindu Religious Charitable lands and also the guideline value of the S.No.285/3B2, Padiyur village, Kangeyam Taluk, Tiruppur District from "0"
In Both W.Ps.
For Petitioners : Dr.S.S.Swaminathan For Respondents : Mr.G.Krishna Raja, AGP.
O R D E R
Since the issue involved in both the Writ petitions are similar in nature, they are disposed of by way of this common order.
2. These Writ petitions have been filed seeking for direction to the respondents to rectify the error in the online web portal ie. www.tnreginet.gov.in with respect to the classification of the subject lands.
3. Mr.G.Krishna Raja, learned Additional Government Pleader takes 2/7
notice for the respondents. In view of the consent expressed by the Learned counsel appearing for either side, these petitions are taken up for final disposal.
4. The case of the petitioners is that their relative gave the property comprised in S.No.285/3B2 as collateral security with Federal Bank and a Memorandum of Deposit of Title Deeds was executed and the same was registered on 20.02.2015. While so, in 2018, the Federal Bank extended the said Memorandum of Deposit of Title Deeds and when the petitioners' relative went to register the same, the 3rd respondent refused to register the same stating that the Guideline value of the aforesaid property is "0" and it stands in the name of HR & CE Department.
Apprehending that there may some error in classification with regard to their respective property as well, the petitioners verified the Online web portal of the Registration Department and came to know that petitioners' respective properties were also mentioned as HR & CE lands belonging to Arulmigu Subramaniasamy Thirukoil, Sivanmali and the guideline value is reflected as "0". Immediately, the petitioners made a representation before the 3rd respondent which evoked no response. In the mean time, the petitioners made applications under Right To Information Act and from the reply letter dated 25.10.
that as per Village records and temple records, Arulmigu Subramaniasamy Thirukoil, Sivanmali does not hold any land in the name of the temple in Padiyur Village, where the subject lands are situated. Aggrieved by the inaction on the part of the officials, the petitioners made detailed representations dated 14.12.2021 before the 2nd respondent seeking to rectify the guideline value of the subject lands and to modify the classification of the subject lands in their website, however, till date, no orders have been passed on the said representations. Hence, the petitioners have come up with these Writ petitions.
5. Though very many grounds have been raised, learned counsel for the petitioners submitted that, it would suffice if this Court issues direction to the respondents to rectify the error in the online web portal ie. www.tnreginet.gov.in, in respect of the subject lands and change the classification of the subject lands as patta lands and also change the guideline value from 0, by considering the representations dated 14.12.2021 as expeditiously as possible.
6. Learned Additional Government Pleader appearing for the 4/7
respondents has no serious objection for the said order being passed.
7. In view of the limited relief sought for by the learned counsel for the petitioners, this Court without expressing any opinion on the merits of the case issues direction to the 2nd respondent to consider the petitioners' representations dated 14.12.2021 and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioners and the aggrieved persons, if any.
8. Accordingly, these Writ petitions are disposed of. No costs. 01.12.2022 skt Speaking Order : Yes/ No Index : Yes/ No To 1.
The Inspector General of Registration, Office of the Inspector General of Registration, 100, Santhome High Road, Chennai - 600 028.
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2.
The District Registrar, Office of the District Registrar, DR Office, District Collectorate Compound, State Bank Road, Coimbatore - 641 018.
3.
The Sub Registrar, Office of the Sub Registrar, Kangayam, No.8, Kovai Road, Taluk Office Compound, Kangayam - 638 701.
M.DHANDAPANI, J.
skt 6/7
01.12.2022 7/7