Madras High Court
Subramanian vs The District Registrar on 19 August, 2019
Author: R.Suresh Kumar
Bench: R.Suresh Kumar
W.P.(MD)No.17960 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.08.2019
CORAM
THE HON'BLE MR.JUSTICE R.SURESH KUMAR
W.P.(MD)No.17960 of 2019
and
W.M.P.(MD) No.14425 of 2019
Subramanian ...Petitioner
-Vs-
1.The District Registrar,
District Registrar Office,
Tirunelveli,
Tirunelveli District.
2.The Sub Registrar,
Moolakaraipatti,
Tirunelveli District.
3.Sangeetha ...Respondent
Prayer: Writ Petition - filed under Article 226 of Constitution of
India, to issue a writ of Certiorarified Mandamus, to call for
records pertaining to the impugned refusal check slip in
RFL/Moolakaraipatti/32/2019 dated 24.04.2019 issued by the 2nd
respondent and quash the same and consequently direct the 2nd
respondent to register the sale deed dated 15.02.2019 executed by
the petitioner in favour of Sangeetha/3rd respondent herein.
For Petitioner : Mr.S.R.Anbarasu
For Respondents : Mr.M.Murugan, G.A.
For RR1 and 2
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W.P.(MD)No.17960 of 2019
ORDER
The prayer in this writ petition is for a Writ of Certiorarified Mandamus, to call for records pertaining to the impugned refusal check slip in RFL/Moolakaraipatti/32/2019 dated 24.04.2019 issued by the 2nd respondent and quash the same and consequently direct the 2nd respondent to register the sale deed dated 15.02.2019 executed by the petitioner in favour of Sangeetha/3rd respondent herein.
2.Heard Mr.S.R.Anbarasu, learned counsel appearing for the petitioner and Mr.M.Murugan,, learned Government Advocate appearing for the respondents 1 and 2.
3.The petitioner, in order to get registration of property at Koonthakulam village, seems to have given a document for registration to the 2nd respondent office. However, the 2nd respondent, by communication, which is impugned herein dated 24.04.2019, has rejected the same by issuing a check slip, where the reason for such refusal of registration stated as follows:
“,ju fhuzq;fs; Mtz brhj;J tpguj;jpy; Fwpg;gpl;Ls;s Te;jd;Fsk; fpuhk rh;nt vz;fs; bjhlh;ghf gjpt[j;Jiwj;jiyth; http://www.judis.nic.in 2/8 W.P.(MD)No.17960 of 2019 mth;fs; foj vz;.45129/rp3/2018 ehs;.26.11.2018 d; go CBI No.2000 RcBDI/2014/E/0004/CBI/BS&FC/ NewDelhi dated 14.05.2018 PACL Limited epWtdj;jpw;F brhe;jkhd brhj;Jf;fs; kPJ vt;tpj Mtzg;gjpt[k; nkw;bfhs;shky; ,Uf;fntz;o fojk; bgwg;gl;Ls;sJ. vdnt nkw;go mry; Mtzk; gjpt[ kWj;jspf;fg;gLfpwJ.” Challenging the same, this writ petition has been filed.
4.Heard the learned Government Advocate appearing for the official respondents, who would submit that, the property in question belongs to PACL Limited, the Hon'ble Apex Court seized the matter by taking all the properties belonging to PACL Limited and to sell the same for disbursement of money to the depositors, the Hon'ble Supreme Court has constituted a Committee viz., Justice (Retd.) R.M.Lodha Committee (in the matter of PACL Ltd.) and the said Committee has written a letter to the Inspector General of Registration, Government of Tamil Nadu on 21.06.2019, where, the following has been stated:
“Dear Sir, Sub:Prior permission/No Objection Certificate before effecting registration/mutation/sale of the properties of PACL Limited and its associates. http://www.judis.nic.in 3/8 W.P.(MD)No.17960 of 2019 Reference to above subject matter, the details of the properties of PACL Limited and its associates falling within your territorial jurisdiction and seized by CBI were provided vide letter dated August 30, 2016 and May 30, 2017 to your office after receipt of the same from CBI in compliance of the order dated February 02, 2016 of Hon'ble Supreme Court of India. It was also requested therein to take necessary steps in the matter for not effecting the registration/mutation/sale etc. of the properties wherein PACL and/or its group/associate companies have, in any matter, 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 this regard, we have received communication from PACL Limited wherein it has been alleged that the properties of PACL Limited and its associate companies are being sold illegally and fraudulently in Tamil Nadu.
http://www.judis.nic.in 4/8 W.P.(MD)No.17960 of 2019 In view of the same, the property details such as sale deed no, name of buyers, name of sellers, DOP, amount, area, state/UT, district, tehsil, village, Survey No and MR No are once again enclosed with this letter to enable the authorities to take appropriate steps to comply with order of Hon'ble Supreme Court of India (copy of order enclosed). Yours sincerely, Nodal Office cum Secretary Justice(Retd) RM Lodha Committee in the matter of PACL Limited”
5.In view of the said letter issued to the Inspector General of Registration, who in turn has sent a communication to the official respondents that the properties, which belongs to PACL Limited cannot be meddled with and therefore, no registration can be taken place of the properties without the No Objection Certificate from the Committee viz., Justice (Retd.)R.M.Lodha Committee.
Therefore, by relying upon this communication, the learned Government Advocate would submit that, because of the said Committee's directive, the petitioner has to get a No Objection http://www.judis.nic.in 5/8 W.P.(MD)No.17960 of 2019 Certificate, since the properties in question, which are sought to be registered belongs to PACL Limited. Therefore, the reason cited in the said impugned order is sustainable. Hence, it requires no interference.
6.However, the learned counsel appearing for the petitioner would submit that, there is no survey number and village name has been mentioned in the said letters and insofar as the property in question is concerned, it has been for longer period with the possession of the private parties and they have sold to so many persons and therefore, the said property in question may not be covered under PACL Limited properties and therefore, the said requirement of getting No Objection Certificate from the Committee may not arise in this case.
7.Be that as it may, the said issue cannot be decided by this Court as to whether the property in question belongs to PACL Limited or not and in this regard, it is open to the petitioner to approach the appropriate authority and if the petitioner is very confident that, the property in question is not belong to PACL properties, he can approach the Committee and after getting No Objection Certificate from the Committee, needful can be done towards the registration of the documents. Without resorting to http://www.judis.nic.in 6/8 W.P.(MD)No.17960 of 2019 such method to clarify the issue, the petitioner cannot challenge the order passed by the 2nd respondent, which is impugned herein successfully and in that view of the matter, this Court cannot entertain this writ petition as the very reason cited in the impugned order is fully justifiable as of now.
8.In that view of the matter, this Court is inclined to dismiss this writ petition. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed.
19.08.2019
Index : Yes/No
Internet : Yes/No
Arul
To
1.The District Registrar,
District Registrar Office,
Tirunelveli,
Tirunelveli District.
2.The Sub Registrar,
Moolakaraipatti,
Tirunelveli District.
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W.P.(MD)No.17960 of 2019
R.SURESH KUMAR ,J.
Arul
Order made in
W.P.(MD)No.17960 of 2019
Dated:
19.08.2019
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