Sahayaraj v. The District Registrar
W.P.(MD)No.25070 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2019
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.(MD) No.25070 of 2019 Sahayaraj Petitioner Vs
1. The District Registrar Palayamkottai Tirunelveli
2. The Sub Registrar Kadambur Sub Registrar office Kadambur Tuticorin District Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to register the sale deed of the petitioner which is relating to Ayan Punja land in Survey No.189/2D, 189/2C, 189/2B admeasuring 0.95.0 Ares, 1.24.5 Ares, 1.05.0 Ares totally 3.24.5 Ares in that southern side 1.01.75 Ares, 2 Acre 51 cents and S.No.192/1 admeasuring 7.00.0 Ares in that western 2.82.0 Ares, 6 Acre 96 Cents situated at K.Kumarapuram Village, Kadambur Sub-registration limit, Palayamkottai Registration District, Kovilpatti Taluk, Tuticorin District.
For Petitioner : M/s.T.Selvan For Respondents : Mr.M.Murugan Government Advocate
O R D E R
This Writ Petition is filed by the petitioner to direct the respondents to register the sale deed of the petitioner which is relating to Ayan Punja land in Survey No.189/2D, 189/2C, 189/2B admeasuring 0.95.0 Ares, 1.24.5 Ares, 1.05.0 Ares totally 3.24.5 Ares in that southern side 1.01.75 Ares, 2 Acre 51 cents and S.No.192/1 admeasuring 7.00.0 Ares in that western 2.82.0 Ares, 6 Acre 96 Cents situated at K.Kumarapuram Village, Kadambur Subregistration limit, Palayamkottai Registration District, Kovilpatti Taluk, Tuticorin District.
2. The petitioner had purchased the subject property for a valuable consideration from one M.Rubavathy and has paid the registration charges and stamp duty. When the document is presented for registration, the second respondent refused to register the sale deed, stating that as per the letter from Justice. Lodha Committee (in the matter of PACL Ltd), registration cannot be done. As the matter was seized by the CBI, the letter from Justice. Lodha Committee (in the matter of PACL Ltd) directed the Inspector General https://hcservices.ecourts.gov.in/hcservices/ 1/4
W.P.(MD)No.25070 of 2019 of Registration, to take necessary steps in the matter for not effecting the registration/sale etc., of the properties, wherein PACL and or its group/associate companies have in any manner, a right /interest, without obtaining No Objection Certificate from the Committee, since the committee has been entrusted with the task of selling the properties of PACL Limited. In the said letter, it is further stated that the properties of PACL Limited and its associate companies are being sold illegally and fraudulently in Tamil Nadu.
3. The learned counsel for the petitioner is unable to say the particulars about the survey numbers. When the Committee has specifically requested the Inspector General for Registration not to proceed with any sale, the registration as sought for by the petitioner cannot be done. However, it is open to the petitioner to approach the Justice. Lodha Committee (in the matter of PACL Ltd) to get prior permission or No objection certificate for registering the sale deed. In the event, the petitioner is producing the No objection Certificate from the Justice. Lodha Committee (in the matter of PACL Ltd), the respondents are directed to consider the same and register the document whenever it is presented for registration.
4. With the above observation and direction, the Writ petition is disposed of. No costs.
Sd/- Assistant Registrar (Records) // True Copy // Sub Assistant Registrar(CS) vrn To
1. The District Registrar Palayamkottai ,Tirunelveli
2. The Sub Registrar Kadambur Sub Registrar office,Kadambur Tuticorin District +1 CC to M/s.T.SELVAN, Advocate ( SR-103700[F] dated 05/12/2019 ) +1 CC to M/s.SPL.GP ( SR-103967[F] dated 09/12/2019 ) SMA/30/12/19/2P/5C W.P.(MD) No.25070 of 2019 05.12.2019 https://hcservices.ecourts.gov.in/hcservices/ 2/4