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Madras High CourtWP(MD)/6070/2019disposed of

V.Karunakaran, v. The District Collector,

2023-01-30Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD).No.4840 of 2019 V.Karunakaran ... Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The District Registrar, Dindigul District, Dindigul.

3.The Sub Registrar No.2, Sub Registrar Office, Dindigul Collector Campus, Dindigul.

4.The Executive Officer, Thadicombu Panchayat, Dindigul Taluk, Dindigul District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned letter issued by the fourth respondent to third respondent not to register the survey numbers as mentioned in his notice No.Na.Ka.No.159/2017/A dated 30.05.2018 and quash the same and further 1/4

direct the third respondent to register the documents pertaining to lands in above said survey numbers situated at Dindigul District, Dindigul Taluk, Thadicombu Village.

For Petitioner : Mr.J.Jeyakumaran For Respondents : Mr.G.Suriananth Additional Government Pleader

ORDER

Heard the learned counsel on either side.

2. The petitioner is owning Nanjai Lands. The petitioner has sought permission from the District Collector for converting the same as housing plots. The petitioner's application is pending. In the meanwhile, the fourth respondent has written to the registering authority not to entertain any document. Of course, it is not for authorities outside the scope and ambit of the Registration Act to issue that direction. In any event, without No Objection Certificate from the District Collector, the registering authority would definitely not entertain any document in respect of agricultural lands. This writ petition can therefore be disposed of with direction to the first respondent to dispose of the petitioner's pending application. The first respondent shall pass an appropriate order on merits and in accordance with law on the petitioner's 2/4

request for issuance of No Objection Certificate in respect of subject land within a period of twelve weeks from the date of receipt of a copy of this order. I make it clear that I have not gone into the merits of the matter.

3. Accordingly, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

30.01.2023 NCC : Yes / No Index : Yes / No Rmk To 1.The District Collector, Dindigul District, Dindigul.

2.The District Registrar, Dindigul District, Dindigul.

3.The Sub Registrar No.2, Sub Registrar Office, Dindigul Collector Campus, Dindigul.

4.The Executive Officer, Thadicombu Panchayat, Dindigul Taluk, Dindigul District.

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G.R.SWAMINATHAN, J., Rmk 30.01.2023 4/4