Madras High CourtWP(MD)/6713/2015disposed of

A.N.Allagappan, v. The Principal Secretary And

2015-04-27Honourable Mr Justice R. Mahadevan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 27.04.2015

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)Nos.6713 of 2015 and 20279 to 20281 and 20028 of 2014 and M.P(MD)Nos.1 and 2 of 2015 in W.P.(MD).No.6713 of 2015 and M.P.(MD).Nos.2 of 2014 in 20279 to 20281 and 20028 of 2014 A.N.Allgappan ..

Petitioner in W.P.(MD).No.6713 of 2015 Suba Selvaraj , S/O.Subbiah velar, rep.by his Power Agent K.P.Ramasamy, S/O.Kuppusamy ..Petitioner in W.P.(MD).No.20279 of 2014 AR.Aaridass,S/O.Arumuga velar, rep.by his power agent K.P.Ramasamy, S/O.Kuppusamy ..Petitioner in W.P.(MD).No.20280 of 2015 1.AR.Aaridass, S/O.Arumuga velar,rep.by his power agent K.P.Ramasamy, S/O.Kuppusamy 2.Suba Selvaraj, S/O.Subbiah velar, rep.by his Power Agent K.P.Ramasamy, .. Petitioner in W.P.(MD). 20281 of 2015 PETITIONERS IN WP(MD)NOS. 20279 TO 20281 OF 2015 ARE RESIDING AT 441, VOC ROAD, KALANIVASAL, NEAR EB, KARAIKUDI & TALUK,SIVAGANGAI DISTRICT.

Kulanthaiswami ..

Petitioner in W.P.(MD).No.20028 of 2014 Vs 1.The Principal Secretary and Commissioner of Land Administration, Department of land Reforms Government of Tamil Nadu, Chepauk, Chennai.

2.The Inspector General of Registration, No.100, Santhome High Road, Chennai-28.

3.The District Collector, Sivaganga District, Sivaganga.

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

5.The District Registrar, Karaikudi, Sivagangai District.

6.The Sub-Registrar, Karaikudi, Sivagangai District. ... Respondents 1 to 6 in all WPs 7.The Assistant Land Tax Cum Settlement Officer, Karaikudi Division, Madurai.

..7th Respondent in W.P.(MD).No.6713 of 2015 Prayer in WP(MD). 6713/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court 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 related to the petitioners lands in Plot No.73 in Survey No.65/7 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... Prayer in WP(MD). 20279/ 2014 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Writ of Certiorarified Mandamus calling for the records partaining to the order of the fourth respondent in Na.Ka.A1/1357/09 dated:25/03/2009 in so far as it relates to Plot No.220 in Old Survey No.65/5 of Kalanivasal Village, Karaikudi Taluk, Sivagangai District, and quash the same and consequently direct the sixth respondent ....( Prayer Amended vide Honble court order Dt:25/06/2015 in WP(MD).20279 to 20281/14 Prayer in WP(MD). 20280/ 2014 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court a Writ of Certiorarified Mandamus calling for the records partaining to the order of the fourth respondent in Na.Ka.A1/1357/09 dated:25/03/2009 in so far as it relates to Plot No.218 in Old Survey No.65/5 of Kalanivasal Village, Karaikudi Taluk, Sivagangai District, and quash the same

and consequently direct the sixth respondent .....( Prayer Amended vide Honble court order Dt:25/06/2015 in WP(MD).20279 to 20281/14 Prayer in WP(MD). 20281/ 2014 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to the order of the fourth respondent in Na.Ka.A1/1357/09 dated:25/03/2009 in so far as it relates to Plot No.219 in Old Survey No.65/5 of Kalanivasal Village, Karaikudi Taluk, Sivagangai District, and quash the same and consequently direct the sixth respondent to take on file and register ....(Prayer Amended vide Honble court order Dt:25/06/2015 in WP(MD).20279 to 20281/14 Prayer in WP(MD). 20028/ 2014 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court 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 25.3.2009 in so far as it relates to the petitioner s lands in survey No.65/13, in Kalanivasal Village, Kraikudi /Taluk, Sivaganga District and quash the same as illegal and consequently dierct the 6th respondent to take on file and register documents in respect of the said lands and pass such further or other orders.

For all Wps:- For Petitioner :Mr.M.Mahaboob Athiff for M/S.AJMAL ASSOCIATES (W.P.(MD).No.6713 of 2015 and W.P.(MD).No.20028 of 2014) For petitioners :Ms.AL.Gandhimathi (W.P.(MD).No.20279 to 20281 of 2015) For Respondents :Mr.N.S.Karthikeyan (for all Wps) Additional Government Pleader COMMON ORDER When the matters are taken-up for hearing, all the parties are mutually consented upon to pass orders in tune with the orders already passed by this Court, on the very same subject, in W.P.(MD). No.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, these Writ Petitions are also liable to be allowed.

In the result, these Writ Petitions are allowed. Consequently, the orders impugned in these Writ Petitions are set

aside. As and when the Petitioners present the documents for registration, if the same are in accordance with law, then the sixth respondent shall register the same, in the manner known to law. Consequently, connected Miscellaneous Petitions are closed. No costs.

Sd/- Assistant Registrar(AS) (*)Corrected as per order of this Court (for being maintained) dated 25.06.2015 in WP(MD)Nos.6713/15,20279 to 20281 & 20028 of 2014 Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar ssm To To be Substituted the order of this Court Already despached on 18.05.2015 1.The Principal Secretary and Commissioner of Land Administration,Department of land reforms Government of Tamil Nadu, Chepauk, Chennai.

2.The Inspector General of Registration, No.100, Santhome High Road, Chennai-28.

3.The District Collector, Sivaganga District, Sivaganga. 4.The Revenue Divisional Officer, Devakkottai, Karaikudi Taluk, Sivaganga District. 5.The District Registrar, Karaikudi, Sivagangai District. 6.The Sub-Registrar, Karaikudi, Sivagangai District. 7.The Assistant Land Tax Cum Settlement Officer, Karaikudi Division, Madurai. +3cc to M/S.AJMAL ASSOCIATES,ADVOCATE IN SR NOS. 23357 & 23358 +3cc to M/S.AL.GANTHIMATHI, ADVOCATE IN SR NOS.22648,22652 & 22653 W.P(MD)Nos.6713 of 2015 and 20279 to 20281 and 20028 of 2014 27.04.2015 RG.11.05.2015 3P.14C.