Madras High CourtWP(MD)/16280/2015disposed of

Rofin Roy, v. The Principal Secretary And

2015-09-08Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.09.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.(MD)No.16280 of 2015 and M.P(MD)Nos.1 & 2 of 2015 Rofin Roy ... 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 PRAYER: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.A26 KVS Nagar in Survey No.65/27, 28 in Kalanivasal Village, 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.E.Mareeskumar for M/s.Ajmal Associates For Respondents ..

Mr.S.Kumar Additional Government Pleader https://hcservices.ecourts.gov.in/hcservices/

ORDER

This writ petition has been filed for the issuance of 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.A26 KVS Nagar in Survey No.65/27, 28 in Kalanivasal Village, 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.

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 petitions are closed. No costs. Sd/- Assistant Registrar(Co) /True Copy/ Sub Assistant Registrar.

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 M/S.Ajmal Associates,SR.No. 52813 +1CC to The Special Government Pleader SR.No. 52907 W.P.(MD)No.16280 of 2015 08.09.2015 https://hcservices.ecourts.gov.in/hcservices/ AM/15.09.2015/SK.SKN/SAR-II/2P/9C