Manjula Pen H Patel v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.6344 & 6396 of 2022 and W.M.P.(MD)Nos.4958, 4959, 4981 & 4983 of 2022 Harilal Dhanjibai Patel ... Petitioner Vs.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order issued by the second respondent vide his proceeding in Na.Ka.No.1771/2004/F1, dated 28.07.2021 and quash the same as illegal and consequently, directing the third respondent to register the document in respect of the petitioner's landed property totaling extent to 8 Acres, 7 Cents comprised in Survey Nos.569/5A, 569/7, 569/2D, 597/3A, 597/4C, 597/4B, 597/2, 597/4A, 597/3B, 598/1, 598/2, 598/3, 598/4, 598/5, 598/6, 598/7, 598/8, 598/9, 598/10, 598/11, 598/12, 604/3, 604/5, 604/4, 604/6, 603/1, 603/2 & 599/1 classified as punja lands situated at Pallapatti Village, Dindigul West Taluk, Dindigul District without insisting "No Objection Certificate" from the second respondent and other reliefs .

For Petitioner : Mr.N.Balasubramanian For R1 & R3 : Mr.K.S.Selva Ganesan Additional Government Pleader For R2 : Mr.J.Lawrance Standing Counsel In W.P.(MD)No.6396 of 2022 Manjula Pen H Patel ... Petitioner Vs.

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... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order issued by the second respondent vide his proceeding in Na.Ka.No.1771/2004/F1, dated 28.07.2021 and quash the same as illegal and consequently, directing the third respondent to register the document in respect of the petitioner's landed property totaling extent to 6 Acres, 6 Cents comprised in Survey Nos.569/2D, 569/5A, 569/6, 597/1, 597/2, 597/3A, 597/3B, 597/4A, 597/4B, 597/4C, 604/2, 604/3, 596/1A, 596/1B, 596/2A and 596/2C, classified as punja lands situated at Pallapatti Village, Dindigul West Taluk, Dindigul District without insisting "No Objection Certificate" from the second respondent and other reliefs .

For Petitioner : Mr.N.Balasubramanian For R1 & R3 : Mr.K.S.Selva Ganesan Additional Government Pleader For R2 : Mr.J.Lawrance Standing Counsel COMMON ORDER Heard the learned counsel appearing for the petitioner, learned Additional Government Pleader appearing for R1 & R3 and the learned standing counsel appearing for the second respondent.

2. The petitioner is owning a large extent of land in Pallapatti Village in Dindigul Taluk, Dindigul. The petitioner wants to deal with the same. But she is unable to have any transaction on account of the communication sent by the second respondent Corporation. According to the second respondent, they are having a sewage treatment plant in Pallapatti Village spread over an extent of 36 acres. For their future needs, they also want to acquire the adjacent lands. The petition mentioned lands fall within the said category. In view of the proposed acquisition, the second respondent has called upon the registering authority not to entertain any document for registering any transaction. 2/3

3. In view of the said communication, the third respondent has declined to receive the sale deeds from the petitioner herein. It is of-course open to the second respondent Corporation to prevail upon the Government to acquire the land situated near the sewage treatment plant. Till such acquisition takes place, the adjacent land owners have the right to deal with the property. There is no need to obtain No Objection Certificate from the corporation at all. The impugned communication is without jurisdiction.

4. It stands quashed. These writ petitions are allowed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-II) // True Copy // /06/2022 Sub Assistant Registrar(CS) rmi To +1 CC to M/s.SPL.GP ( SR-25091,SR-25100[F] dated 10/06/2022 ) +2 CC to M/s.BALASUBRAMANIAN, Advocate ( SR-25230,SR-25231[F] dated 10/06/2022 ) +2 CC to M/s.J.LAWRANCE, Advocate ( SR-25343,SR-25344[F] dated 13/06/2022 ) W.P.(MD)Nos.6344 & 6396 of 2022 09.06.2022 RD(28.06.2022) 3P 9C 3/3