Madras High CourtWP(MD)/15570/2015disposed of

D.Shakila Rani, v. The Principal Secretary

2015-08-28Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.(MD)No.15570 of 2015 and M.P(MD)No.1 of 2015 D.Shakila Rani ... Petitioner Vs.

1.The Principal Secretary and Commissioner of Land Administration, Land Administration, Government of Tamilnadu, Chepauk, Chennai.

2.The Inspector General of Registration, 100, Santhom High Road, Chennai - 28.

3.The District Collector, Sivaganga District, Sivaganga.

4.The Revenue Divisional Officer, Devakottai, Karaikudi Taluk, Sivaganga District.

5.The District Registrar, Karaikudi, Sivaganga District. 6.The Sub Registrar, Karaikudi, Sivaganga District.

... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order made by the 4th respondent by his proceedings in Na.Ka.A1/1357/09 dated 25.03.2009 in so far as it relates to the petitioner's lands in Plot No.73 in Survey No.65/73(Revenue Survey No.323/2) in Kalanivasal Villagage, Karaikudi Taluk, Sivaganga District and quash the same as illegal and consequently direct the 6th respondent to take on file and register documents in respect of the said lands.

For Petitioner ..

Mr.A.Thirumurthy For Respondents ..

Mr.K.Mahesh Raja Government Advocate

ORDER

This writ petition has been filed for the issuance of a writ of certiorarified mandamus calling for the records pertaining to the order of the fourth respondent in Na.Ka.No.A1/1357/09 dated 25.03.2009 in so https://hcservices.ecourts.gov.in/hcservices/

far as it relates to the lands of the petitioner in Plot No.73 in Survey No.65/73(Revenue Survey No.323/2) in Kalanivasal Villagage, Karaikudi Taluk, Sivaganga District and quash the same as illegal and consequently direct the 6th respondent to take on file and register the documents in respect of the said lands.

2. When the matter is taken up for hearing, it is represented that similar issues already came up before this Court by way of writ petitions viz., W.P.(MD)Nos.5966 and 5967 of 2015 dated 27.04.2015, wherein, this Court, after considering the earlier orders made in T.Sundar vs. The Sub Registrar, Office of the Sub-Registrar, Palayamkottai, Tirunelveli and another reported in 2010(2) CWC 159 of this Court, had allowed those writ petitions. Following those orders, this writ petition is also liable to be allowed.

3. Hence, by following the same, this writ petition is allowed. Consequently, the impugned order passed by the fourth respondent, dated 25.03.2009 is set aside. As and when the petitioner, present the documents for registration, if the same are in order, then the sixth respondent shall register the same, in the manner known to law. Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar pm To 1.The Principal Secretary and Commissioner of Land Administration, Land Administration, Government of Tamilnadu, Chepauk, Chennai.

2.The Inspector General of Registration, 100, Santhom High Road, Chennai - 28.

3.The District Collector, Sivaganga District, Sivaganga.

4.The Revenue Divisional Officer, Devakottai, Karaikudi Taluk, Sivaganga District. 5.The District Registrar,Karaikudi, Sivaganga District. 6.The Sub Registrar,Karaikudi, Sivaganga District. +1CC to Mr.A.Thirumurthy Advocate Sr.No.49475 +1CC to Spl.Government Pleader Sr.No.49996 GJM/SKS/SARJ-10.9.15-2P-9C W.P.(MD)No.15570 of 2015 28.08.2015 https://hcservices.ecourts.gov.in/hcservices/