M. Natarajan vs The State of Tamil Nadu

V. Dhanapalan, J.—Mr. L.S.M. Hasan Fizal, learned Government Advocate takes notice for the respondents.

This writ petition has been filed praying to issue a writ of mandamus directing the second respondent to release the petitioner''s document

pending on his file as Document No. 136 of 2002.

It is the case of the petitioner that he purchased the property and presented the document to the second respondent for registration and the

same is registered as a pending document without being assigned a regular registration number for production of ''No Objection Certificate'' from

the concerned authority.

4.In G.O.Ms. No. 150, Commercial Taxes Department, dated 22.09.2000, the Government has ordered that unless a sealed No Objection

Certificate is issued by the competent authority, the documents presented for registration cannot be accepted. It is also stated in the said

Government Order that as per Section 22-A of the Registration Act, 1908, conveyance of properties belonging to any religious institutions and

conveyance of lands converted as house sites without the approved layouts cannot be granted unless a No Objection Certificate issued by the

authority concerned is produced before the registering officer.

The Supreme Court in its judgment reported in State of Rajasthan and Others Vs. Basant Nahata, has upheld the Division Bench judgment of

the Rajasthan High Court invalidating Section 22-A of the Registration Act, 1908. In the light of the decision of the Honourable Supreme Court

invalidating Section 22-A of the Act itself, the G.O.Ms. No. 150, Commercial Taxes Department, dated 22.9.2000 cannot stand and this Court

has been following the said decision of the Supreme Court and several writ petitions have been allowed holding that the Registrar/Sub-Registrar of

the Registration Department cannot insist on ''No Objection Certificate''.

When the matter was taken up, learned Government Advocate produced a copy of the Government Order in G.O.Ms. No. 139 Commercial

Taxes and Registration (J1) Department, dated 25.07.2007, in and by which, a notification has been appended and the same reads as follows:

In exercise of the powers conferred by Sub-section (1) of Section 22-A of the Registration Act, 1908 (Central Act XVI of 1908) read with

Section 15 of the Tamil Nadu General Clauses Act, 1891 (Tamil Nadu Act 1 of 1891), the Governor of Tamil Nadu hereby revokes the

Commercial Taxes Department Notification issued in G.O.Ms. No. 150, Commercial Taxes Department, dated 22.09.2000 and published as

Notification No. 11(2)/CT/1024(e)/2000 at pages 1 to 2 of Part II - Section 2 of the Tamil Nadu Government Gazette, Extraordinary, dated the

22nd September 2000.

Since the above notification revokes G.O.Ms. No. 150 Commercial Taxes Department, dated 22.9.2000, the insistence of No Objection

Certificate for registration or release of pending document before the Registrar/Sub-Registrar of the Sub-Registration Department is no longer

required as no cause of action arises. As such, there is no need for the petitioner to obtain No Objection Certificate from the authority concerned.

In view of the above, the writ petition is allowed with a direction to the petitioner to approach the second respondent claiming the release or

registration of document and the second respondent is directed to release the sale deed dated 8.05.2002 registered as Pending Document No.

136 of 2002 in respect of the Plot bearing No. 25 measuring an extent of 1403 sq. ft. in Sunnambu Kolathur, Pallavaram Sub-Registration District,

Kanchipuram District, South Chennai Registration District, without insisting on production of No Objection Certificate, provided it is presented on

payment of necessary stamp duty and if there is no other legal impediment. No costs. Consequently, M.P. No. 1 of 2007 is closed.