The petitioner sought a writ of certiorari to quash a circular by the 2nd respondent requiring a no objection certificate for document registration. Relying on a prior order in 2004 and Supreme Court/Division Bench precedents, the court allowed the petition.
The Writ Petition was allowed; the circular was quashed. Connected miscellaneous petition was closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 19.07.2019
CORAM
THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM
W.P.No.13034 of 2004
and WP.MP.No.15216 of 2004
George ..Petitioner
Vs 1.The State of Tamil Nadu, Rep. by Secretary to Government, Commercial Taxes and Religious Endowment Department, Fort St. George, Madras 9.
2.The District Collector,
Tuticorin.
3.The Sub Registrar,
Tuticorin Keelur. ..Respondents
Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorari to call for the records on the file of the 2nd respondent in Na.Mu.Ka.No.7295/2003, dated 27.11.2003 and quash the same as illegal, incompetent and without jurisdiction.
For Petitioner : Mr.V.Lakshminarayanan For Respondents : Mr.I.Sathish, AGP, for RR1 & 2
Mr.P.P.Purushothaman, G.A., for R3 - - - -
ORDER
Heard the learned counsels appearing on either side and perused the materials available on record.
Sd/-
Assistant Registrar (CS-V)
//True Copy//
Sub Assistant Registrar
pvs
To
1.The Secretary to Government,
The State of Tamil Nadu,
Commercial Taxes and Religious Endowment Department,
Fort St. George, Madras 9.
2.The District Collector,
Tuticorin.
3.The Sub Registrar,
Tuticorin Keelur.
+1 cc to M/s.V.Raghavachari, Advocate, S.R.No.61766
+1 cc to the Government Pleader, S.R.No.62355
W.P.No.13034 of 2004 PP(CO) SSM(03/09/2019)
1 issue framed by the court
Whether the impugned circular mandating no objection certificate for registration of documents should be quashed as illegal and incompetent.
George
State of Tamil Nadu
District Collector, Tuticorin
Sub Registrar, Tuticorin Keelur
K. Kalyanasundaram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
