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Madras High CourtWP(MD)/10090/2016allowed

K.Pandian v. The Principal Secretary

2016-06-08Honourable Mr Justice M. Venugopal3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition No.10090 of 2016 and WM.P(MD).Nos.7904 & 7905 of 2016 K.Pandian ... Petitioner Vs.

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

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

3.The District Collector, Sivagangai District, Sivagangai.

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

5.The District Registrar, Karaikudi, Sivagangai District.

6.The Sub Registrar, Karaikudi, Sivagangai District.

... Respondents Prayer:-Writ Petition filed under Article 226 of the Constitution of India for issuance of 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 land to an extent of 2178 Sq.ft in Survey No. 65/2 in Kalanivasal Village , Karaikudi Taluk, Sivagangai 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. For Petitioner :Mr.R.Boomirajan For Respondent :Mr.S.Satheeshkumar Additional Govt. Pleader for RR- 2, 5 & 6

Mr.J.Gunaseelan Muthiah Government Advocate for RR-1, 3 & 4

O R D E R

Heard both sides.

2.By consent, the main writ petition itself is taken up for final disposal.

3.The petitioner has filed the instant writ petition praying for passing of an order by this Court in calling for the records pertaining to the impugned order made by the fourth respondent/Revenue Divisional Officer, Devakottai, in his proceedings in Na.Ka.A1/1357/09 dated 25.03.2009 in so far as it relates to the petitioner's land to an extent of 2178 Sq.ft in Survey No. 65/2 in Kalanivasal Village, Karaikudi Taluk, Sivagangai District and quash the same as illegal one. Further, he has sought for passing of an order by this Court in directing the 6th respondent/Sub-Registrar, Karaikudi, Sivagangai District, to take on file and register the documents in respect of the said lands. 4.

At this stage, Learned Counsel for the Petitioner submits that the subject matter in the present writ petition is squarely covered by an order this Court dated 01.12.2014 in W.P.(MD).Nos.19402 and 19403 of 2014, between Paramaeswari Vs The Principal Secretary and Commissioner of Land Administration, Government of Tamil Nadu, Chennai & 5 others, whereby and whereunder, at paragraph No.

"In view of the fact that the reliefs sought for by the present writ petitioners in W.P.(MD).Nos.19402 and 19403 of 2014 are similar to that of the reliefs prayed for in W.P. (MD).No.17325 of 2014 and this Court, by following the order dated 28.10.2014 in W.P.(MD).No.17325 of 2014, allows the present writ petitions, by setting aside the impugned order of the fourth respondent inn proceedings in Na.Ka.A1/1357/09 dated 25.03.2009 insofar as it relates to petitioner's land in Sy.Nos.65/7 and B12 65/4, New Survey No.300 respectively in Kalanivasal Village, Karaikudi Taluk, Sivagangai District and quash the same in the interest of justice. Further, this court passes an order to the effect that as and when the petitioners through the power of attorney holders 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 and in accordance with law. No costs. Consequently, the connected miscellaneous petitions are closed."

5. In response, the Learned Government Advocate appearing for the fourth respondent brings it to the notice of this Court that the 4th respondent/Revenue Divisional Officer, Devakottai, in reference No.Roc.A1/1357/2009, dated 10.09.2015 had passed the following order:

"The Revenue Divisional Officer, Devakottai has directed the Sub-Registrar I and II of Karaikudi to suspend of registration of documents in respect of S.No.65/1 & 65/2 of Kalanivasal Village in Karaikudi Taluk in the reference 1st cited.

Now the Collector, Sivaganga has instructed to withdraw the ban on the sales in respect of above said Survey Numbers in the reference 2nd cited.

Hence, the Sub-Registrar I & II of Karaikudi are directed to register the registration of documents in respect of S.No.65/1 & 65/2 of Kalanivasal Village in Karaikudi Taluk."

6. Considering the fact that the relief claimed by the petitioner in the present writ petition is similar that of the reliefs sought for in W.P.(MD).No.17325 of 2014, this Court following the order dated 28.10.2014 in W.P.(MD).No.17325 of 2014, allows the present writ petition, by setting aside the impugned order of the fourth respondent, in Na.Ka.A1/1357/09 dated 25.03.2009 (insofar as it relates to the petitioner's land in Survey No. 65/2 in Kalanivasal Village , Karaikudi Taluk, Sivagangai District) and quash the same in furtherance of substantial cause of Justice. That apart, this Court further directs that when the petitioner presents the document/s for registration, if the same is/are in order and in accordance with Law, then, the sixth respondent shall register the same in the manner known to Law and in accordance with Law. No costs. Consequently, connected miscellaneous petitions are closed.

7.Before parting with the case, it is made clear by this Court that it is open to the petitioner to take advantage of the proceedings of the 4th respondent/Revenue Divisional Officer, Devakottai in reference No.Roc.A1/1357/2009, dated 10.09.2015, if he so desires/advised. Sd/ Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar.

To 1.The Principal Secretary and Commissioner of Land Administration, Government of Tamil Nadu, Chepauk, Chennai.

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

3.The District Collector, Sivagangai District, Sivagangai. 4.The Revenue Divisional Officer, Devakottai, Karaikudi Taluk, Sivagangai District.

5.The District Registrar, Karaikudi, Sivagangai District. 6.The Sub Registrar, Karaikudi, Sivagangai District. +1CC to M/S. R.Boomirajan, Advocate, SR.No. 29310 +1CC to the Special Government Pleader, SR.No. 28937 Writ Petition (MD).No.10090 of 2016 vs AM/AAL.MPA/SAR-II/13.06.2016/3P/9C