G. Malarvilee vs The Principal Secretary and Commissioner of Land Administration and Others

R. Mahadevan, J—Challenge in this writ petition is to the order dated 25.03.2009, in and by which the fourth respondent directed the sixth respondent, not to register any document in respect of the land in question.

The case of the petitioner is that she has been in possession and enjoyment of the property in question for a long time. When the petitioner wanted to deal with her property, she came to know that the documents in question could not be registered on account of the impugned proceedings herein. Therefore, challenging the said proceedings dated 25.03.2009, the petitioner is before this Court.

When the matter is taken up for hearing, it is stated by the learned Government Advocate appearing for the respondents that the first respondent requested the third respondent to direct the fourth respondent herein to withdraw the memo dated 25.03.2009 and to inform the same to the Registration Department and hence, the order regarding withdrawal of the said memo is awaited by the sixth respondent. The sixth respondent is awaiting further instructions from the Revenue Department in this regard. Hence, the learned Government Advocate prayed for the dismissal of the Writ Petitions.

The learned counsel for the petitioner submits that the first respondent, by proceedings dated 10.04.2012, has already requested the Collector to direct the Revenue Divisional Officer, Devakottai, to withdraw the impugned memo dated 25.03.2009 and to inform the same to the Registration Department. Despite the said order, till today, the fourth respondent has not taken any steps to withdraw the impugned memo, because of which, the sixth respondent refused to entertain the document presented for registration. Hence, the learned counsel wants to set aside the said memo.

In support of his contention, the learned counsel relied on a decision of a Division Bench of this Court in Thiyagavalli Panchayathai Serntha Nochikkaddu Grama Vivasayigal Sangam v. The Chairman, Tamil Nadu Electricity Board & 3 others [2008 (3) LW 766], wherein at paragraph No. 14, it has been held as follows:

"14. That apart, there is no other provision under which the State Government or the respondents herein can validly issue any directions refusing to register any document for which registration is permissible under the provisions of the said Act. If that be so, it is shocking to note as to under what provision of law or any other authority, the second respondent issued such directions directing the third respondent not to register any sale deed in the villages of Thiyagavalli and Kudikkadu except in favour of "M/s. Cuddalore Power Company Ltd." Any such directions issued by the second respondent and the impugned proceedings of the third respondent based on such a directive of the second respondent clearly infringes the constitutional right of any land owner as a citizen of this country. In such circumstances, the impugned proceedings are wholly devoid of merits and are liable to be set aside."

Heard the learned Government Advocate appearing for the respondents.

I have considered the submissions made on either side and perused the materials available on record.

On a misconception that the Survey number in question is related to the Government properties, the fourth respondent, by memo dated 25.03.2009, which is impugned herein, directed the Sub-Registrar concerned, not to register the documents presented for registration. Subsequently, the Principal Secretary and Commissioner of Land Administration, by letter dated 10.04.2012, requested the Collector to direct the Revenue Divisional Officer, Devakottai, to withdraw the memo dated 25.03.2009, which is impugned herein and inform the same to the Registration Department. But, till date, the said letter had not been withdrawn, and hence, the authorities refused to register the document presented by the petitioner herein.

According to the respondents, as per the direction given by the Revenue Divisional Officer, Devakottai, the document sought to be registered was not registered. Now, the Government itself requested the District Collector, by letter dated 10.04.2012, to direct the Revenue Divisional Officer, Devakottai, to withdraw the memo dated 25.03.2009, which is impugned herein and on that score, the impugned order is liable to be set aside.

In view of the foregoing reasons and also in view of the decision cited supra, the Writ Petition is allowed and the impugned memo dated 25.03.2009 is set aside and the sixth respondent is directed to register the document in question presented by the petitioner, if it is otherwise in order, and release the same to the petitioner, within a period of two weeks from the date of registration. Consequently, the connected miscellaneous petitions are closed. No costs.