Allowed

J. Mallika v. Teh Principal Secretary

Madras HC25 Aug 2015WP(MD)/14426/2015

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed a writ petition filed under Article 226 seeking certiorari and mandamus. Following precedents in similar matters, the court set aside an order refusing registration of documents for the petitioner's lands in Sivagangai District and directed the Sub Registrar to register them. Connected petitions were closed.

What did the court decide?

The impugned order of the fourth respondent dated 25.03.2009 is set aside, and the sixth respondent shall register the documents forthwith.

J. Mallika Vs Teh Principal Secretary — Land Acquisition | Madras HC (2015)

¶1

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.08.2015

¶3

CORAM

¶4

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.(MD)Nos.14426 of 2015

J.Mallika

... Petitioner

Vs.

1.The Principal Secretary and Commissioner of Land Administration, Government of Tamilnadu,

¶9

Chepauk, Chennai.

¶10

2.The Inspector General of Registration, 100, Santhom High Road, Chennai – 28.

¶11

3.The District Collector, Sivagangai District.

¶12

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

¶13

5.The District Registrar, Karaikudi, Sivagangai District.

¶14

6.The Sub Registrar, Karaikudi, Sivagangai District. ... Respondents

¶15

Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records pertaining to the order of the fourth respondent in Na.Ka.A1/1357/09 dated 25.03.2009 in so far as it relates to the lands of the petitioner in Plot No.308 in Survey No.65/5, Kalanivasal village, Karaikudi Taluk, Sivagangai District and quash the same and direct the 6th respondent herein to forthwith register the document in respect of the aforesaid lands of the petitioner.

¶16

For Petitioner .. Mr.G.Manikandan For Respondents .. Mr.S.Kumar Additional Government Pleader

¶17

ORDER

¶18

This writ petition has been filed for the issuance of a writ of https://hcservices.ecourts.gov.in/hcservices/ certiorarified mandamus calling for the records pertaining to the order of the fourth respondent in Na.Ka.No.A1/1357/09 dated 25.03.2009 in so

¶19

¶20

far as it relates to the lands of the petitioner in Plot No.308 in Survey No.65/5, Kalanivasal village, Karaikudi Taluk, Sivagangai District and quash the same and direct the 6th respondent herein to forthwith register the document in respect of the aforesaid lands of the petitioner.

¶21

When the matter is taken up for hearing, it is represented that similar issues already came up before this Court by way of writ petitions viz., W.P.(MD)Nos.5966 and 5967 of 2015 dated 27.04.2015, wherein, this Court, after considering the earlier orders made in T.Sundar vs. The Sub Registrar, Office of the Sub-Registrar, Palayamkottai, Tirunelveli and another reported in 2010(2) CWC 159 of this Court, had allowed those writ petitions. Following those orders, this writ petition is also liable to be allowed.

¶22

Hence, by following the same, this writ petition is allowed. Consequently, the impugned order passed by the fourth respondent, dated 25.03.2009 is set aside. As and when the petitioner, present the documents for registration, if the same are in order, then the sixth respondent shall register the same, in the manner known to law. Consequently, the connected miscellaneous petitions are closed. No costs.

¶23

Sd/-

¶24

Assistant Registrar(RTI)

¶25

/True copy/

¶26

Sub Assistant Registrar

¶27

¶28

¶29

1.The Principal Secretary and