H. Selvaraj Nadar vs State of Tamil Nadu

M. Jaichandren, J.—Heard Mr. J. Pothiraj, the learned Counsel appearing for the petitioner and Mr. V. Manoharan, the learned

Government Advocate appearing for the respondents.

The brief facts of the case, as stated by the petitioner, are as follows:

The petitioner had purchased 2 items of lands, on 7.9.1999, under a registered sale deed in document No. 1850/99 on the file of the Sub

Registrar, Parasala Village, Neiyatrinkarai Taluk, Trivandrum District, State of Kerala, from one Devaraj. The first item of the property, comprised

in old survey No. 547, R.S. No. 259/1, to an extent of 18 cents is situated at Palugal Village, Marthandam Registration District, Vilavankodu

Taluk, Kanyakumari District and another property, comprised in R.S. No. 187/2 to an extent of 2 cents is in Parasala Village, Neiyatrinkarai

Taluk, Trivendrum District, State of Kerala. The said properties were bought for a valuable consideration of Rs. 7,000/-. It was a bonafide

transaction.

According to Section 28 of The Registration Act, (Central Act 16/1908), the sale deed can be presented for registration at any of the two

places where the properties are situated. Therefore, the petitioner had registered the sale deed in the Sub-Registrar''s Office at Parasala in the state

of Kerala. u/s 2 of The Registration (Tamil Nadu Amendment) Act, 1997, (Tamil Nadu Act 19/97), Section 28 of the Registration Act (Central

Act 16/1908) had been amended. The amending Act was published in the Extraordinary Gazette, dated 29.3.1997. In view of the amended

provisions of Section 28(a), the sale deed has to be necessarily registered in the State of Tamil Nadu. Section 28(b) of the Act renders the sale

deed, dated 7.9.1999, as null and void. In such circumstances, the petitioner has come before this Court by filing the present writ petition, invoking

Article 226 of the Constitution of India, challenging Section 2 of the Registration (Tamil Nadu Amendment) Act, 1997 (Tamil Nadu Act 19/97) as

unconstitutional, ultra vires unenforceable and void ab initio, insofar as the petitioner is concerned.

At the stage of the hearing of the writ petition, it is brought to the notice of this Court that by an order, dated 10.7.2006, made in W.P. No.

1989 of 1998, this Court had upheld the validity of Section 2 of the Registration (Tamil Nadu Amendment) Act, 1997 (Tamil Nadu Act 19/97).

The learned Counsel appearing for the petitioner has not refuted the submissions made by the learned Government Advocate appearing for the

respondents.

Based on the submissions made by the learned Counsels appearing on behalf of the parties concerned, the writ petition stands dismissed, in

view of the order of this Court, dated 10.7.2006, made in W.P. No. 1989 of 1998. No costs. Consequently, connected W.M.P. Nos. 24187 and

24188 of 1999 are also dismissed.