Madras High Court
R.Seshadri vs The Managing Director on 7 September, 2022
Author: M.Dhandapani
Bench: M.Dhandapani
W.P. No.9902 & 16768 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.09.2022
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
W.P. Nos.9902 & 16768 of 2022
and WMP.Nos.9620, 16078 and 16080 of 2022
W.P.No.9902 of 2022:
R.Seshadri ....Petitioner
vs.
1 The Managing Director,
State Industries Promotion,
Corporation of Tamilnadu (SIPCOT ),
No.19A Rukmani Lakshmipathy Road,
Egmore, Chennai- 600 008.
2 The District Collector,
Krishnagiri, Krishnagiri District.
3 The District Registrar,
Krishnagiri, Krishnagiri District.
4 The Sub- Registrar,
Shoolagiri, Krishnagiri District.
5 The Special Tahsildar (LA),
SIPCOT Phase -III, (Unit – II),
4 / 619 -2, DRR Tower , Kamaraj Nagar,
Near Taluk Office,
Shoolagiri Taluk, Krishnagiri District. .. Respondents
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https://www.mhc.tn.gov.in/judis
W.P. No.9902 & 16768 of 2022
PRAYER:Writ Petition filed under Article 226 of the Constitution of India,
to issue an order or direction or Writ and in particular Writ in the nature of a
Writ of Mandamus Calling for the records relating to the impugned Refusal
Check Slip dated 19.03.2022 vide No. RFL / Shoolagiri / 27 / 2022 issued
by the 4th Respondent quash the same and consequently, direct the 4th
Respondent to admit register and release the document of Supplementary
Memorandum of Deposit of Title Deeds dated 04.03.2022 executed by the
Petitioner in Favour of Punjab National Bank Hosur Branch in respect of
the land measuring to an extent of 2.05 Acers comprised in Survey No. 149
/ 3A Situated at Addakurukki Village , Shoolagiri Taluk, Krishnagiri
District.
W.P.No.16768 of 2022:
M/s. Element Granite Exports LLP,
Represented by its partner Anil Kumar.C,
having office At No. 44 / 3 MBT Street,
J.M.Road Cross, Nagarthpet,
Bangalore 560 002, Karnatka state.
Vs.
1 The Managing Director,
State Industries Promotion,
Corporation of Tamilnadu (SIPCOT ),
No.19A Rukmani Lakshmipathy Road,
Egmore, Chennai- 600 008.
2 The District Collector,
Krishnagiri, Krishnagiri District.
3 The Special Tahsildar (LA),
2/8
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W.P. No.9902 & 16768 of 2022
SIPCOT Phase -III, (Unit – II),
4 / 619 -2, DRR Tower , Kamaraj Nagar,
Near Taluk Office,
Shoolagiri Taluk, Krishnagiri District.
4 The Special District Revenue officer (LA),
SIPCOT Phase - III (Unit-II) 4 / 619-2,
DRR Tower, Kamaraj Nagar,
Near Taluk Office, Shoolagiri Taluk, Krishnagiri District
5 The Sub- Registrar,
Shoolagiri Taluk, Krishnagiri District.
PRAYER:Writ Petition filed under Article 226 of the Constitution of India,
to issue an order or direction or Writ and in particular Writ in the nature of a
Writ of Mandamus Calling for the records relating to the impugned Refusal
Check Slip dated 23.01.2020 vide Refusal Number RFL / Shoolagiri / 1
/2020 issued by th 5th Respondent quash the same and consequently direct
the 5h Respondent to admit register and release the document of Sale Deed
dated 23.01.2020 executed in favour of the petitioner in respect of the land
measuring to an extent of 1.96 Acres comprised in Survey Nos. 294 /2D4
(1-Acre 30 Cents) 294/2B2B (0-Acre 53 Cents) and 294/2A2 (0-Acre 13
Cents) of Nallaganakothapalli village , Shoolagiri Taluk, krishnagiri
District within the time to be stipulated by this Honble High Court.
For Petitioner : Mr.R.Bharath Kumar
(in both the petitions)
For Respondents : Mr.M.Karthikeyan For R1
Mr.Yogesh Kannadasan RR2 to 5
(in both the petitions)
COMMON ORDER
3/8 https://www.mhc.tn.gov.in/judis W.P. No.9902 & 16768 of 2022 Since the issue and facts involved in the present writ petitions are one and the same and hence, these petitions are disposed of by way of common order.
2. The petition has been filed to quash the impugned Refusal Check Slip dated 19.03.2022 & 23.01.2020 respectively and consequently direct the Respondents to admit, register and release the document of Sale Deed dated 19.03.2022 & 23.01.2020 executed in favour of the petitioners in respect of the petitioners land.
3. The case of the petitioner is that the petitioners have presented the documents for registration in respect of the subject properties and the respondents have refused to register the same and directed the petitioners to get a No Objection Certificate from the Land Acquisition Officer and issued a refusal check slip. Challenging the said impugned refusal check slips, the petitioners have filed the writ petitions before this Court seeking to quash the same.
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4. Learned counsel for the petitioners submitted that the Sub Registrar, Shoolagiri have no power to issue such impugned orders and the said Sub Registrar has to verify whether the petitioners are genuine owner or not and without doing so, issued direction to the petitioners to get no objection certificate from the Land Acquisition Officer, which is not sustainable one. In fact, initially, the petitioners' land was acquired and later, it was dropped. In such circumstances, the refusal of the Sub-Registrar to register the sale deed is wholly illegal and arbitrary. Therefore, the learned counsel prays to quash the impugned order and allow these writ petitions.
5. Learned Special Government Pleader appearing on behalf of the respondents 2 to 5 submitted that as on date, the official respondents have not made any claim before the Sub Registrar, Shoolagiri in respect of the petitioners property. In the absence of any claim, the Sub Registrar issued a direction to the petitioners to get NOC from the Land Acquisition Officer for registration of the property which is not permissible. 5/8 https://www.mhc.tn.gov.in/judis W.P. No.9902 & 16768 of 2022
6. Learned Standing Counsel for the first respondent submitted that till date, the land acquisition proceedings is not completed.
7. Heard the learned counsel for the petitioner and the learned Special Government Pleader as well as the learned Standing Counsel appearing on behalf of the respondents and perused the materials available on record.
8. Considering the fact that initially, the land acquisition proceedings was initiated against the petitioners and subsequently, the said proceedings was dropped due to administrative reasons. As on date, there is no land acquisition proceedings initiated against the petitioners. Such being the factual position, the petitioners in both the petitions have presented the document for registration on various dates in respect of the subject lands before the Sub-Registrar, Shoolagiri. In the absence of any land acquisition proceedings, the Sub Registrar, Shoolagiri has refused to register the petitioners' document and also issued a direction to the petitioners to get NOC from the Land Acquisition Authorities, which is violation of principle 6/8 https://www.mhc.tn.gov.in/judis W.P. No.9902 & 16768 of 2022 of natural justice and the Sub Registrar have to perform his duty only in terms of the Registration Act and the Indian Stamp Act. In view of the above, this Court is inclined to quash the impugned orders passed by the Sub Registrar, Shoolagiri.
9. In view of the above, the impugned orders dated 23.01.2020 and 19.03.2022 passed by the Sub Registrar, Shoolagiri is hereby quashed and accordingly, these writ petitions are allowed with a direction to the Sub Registrar, Shoolagiri to entertain the documents which was presented by the petitioners for registration, if it is otherwise in order, after collection of entire stamp duty and registration charges, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are also closed.
07.09.2022 rli Index : Yes / No Internet : Yes / No 7/8 https://www.mhc.tn.gov.in/judis W.P. No.9902 & 16768 of 2022 M.DHANDAPANI, J.
Rli To 1 The Managing Director, State Industries Promotion, Corporation of Tamilnadu (SIPCOT ), No.19A Rukmani Lakshmipathy Road, Egmore, Chennai- 600 008.
2 The District Collector, Krishnagiri, Krishnagiri District.
3 The District Registrar, Krishnagiri, Krishnagiri District.
4 The Sub- Registrar, Shoolagiri, Krishnagiri District.
5 The Special Tahsildar (LA), SIPCOT Phase -III, (Unit – II), 4 / 619 -2, DRR Tower , Kamaraj Nagar, Near Taluk Office, Shoolagiri Taluk, Krishnagiri District.
W.P. Nos.9902 & 16768 of 2022 Dated : 07.09.2022 8/8 https://www.mhc.tn.gov.in/judis