The executive power of the State Government cannot be exercised over a subject that is already occupied by a law passed by the competent Legislature.

KA. Swami, CJ.

1. In all these writ petitions, the petitioners have sought for quashing the Government Order, G.O.Ms.No.542, Local Administration and Water Supply Department, dated 29-4-1986. They have also sought for consequential relief flowing from quashing of the aforesaid Government Order.

2. The said Government Order (Translated copy) reads thus:

GOVERNMENT OF TAMIL NADU:

ABSTRACT

Municipalities and Corporation — records — sending of objection to the Registration Department within 45 days when layout sites are sold or brought to Registration — Instructions — issued — order.

MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT

G.O.Ms.No.542 Dated: 29-4-1986

ORDER

It is felt that an amendment need to be brought so as collect the development charges from the plot owners for the purpose of providing street roads, street lights and drainage facilities etc. at the time of registering the documents. It is seen that the property developers, taking advantage of the prevailing rules and regulations are selling the lands which are outside the town without adequate facilities like drainage etc. and by buying them for lessor price and selling for good price and thus they earn very good profit. Therefore, the buyers of the said house plots are forced to bear the expenses for providing the facilities mentioned above. However, not every one of the owners is in a position to bear the same. Therefore, it has been decided that unless and until an amendment is brought to the Registration Act to the effect that the registration of house sites should be done only after getting No Objection Certificates, from the concerned Panchayat/Municipality or Corporation, no useful purpose will be served.

Since the proposed amendment to the Registration Act would affect the number of documents to be registered, pending appropriate amendments to the Municipalities, it has been decided to follow the undermentioned advice.

It has been advised to the respective Commissioners of Panchayat, Town Panchayat, Municipality and the Corporation concerned to inform about their objections or no objections within 45 days to be Sub-Registrar from the date on which the Sub-Registrar’s notice is received to the effect whether there is any objection to the proposed registration of sale of house sites.

Similarly, the Registration Department is advised to await for the objection from the concerned Municipality/Panchayat Town Panchayat and Corporation etc. for a period of 45 days from the date on which the notice has been served on them and then register the documents.

It is hereby ordered that the Municipalities and Corporation should follow the instructions given above.

3. It is relevant to notice that registration of documents governed by the Registration Act (Central), (for short the Act) and the Rules framed thereunder. The Act and the Rules framed thereunder prescribe the procedure to be followed for registration of documents. Thus, this is a field which is covered by Law of Registration. However, the State Government, in the purported exercise of their power under Art 162 of the Constitution, as contended by the learned Government Pleader, has issued the impugned Government Order. In the counter affidavit filed by the first respondent, it has been stated in categorical terms thus:

In this connection, I submit that action has already been taken for amending the provisions of the relevant Act giving effect to the central idea contained in the Government Orders above referred to and it is needless to say to the context tiiat the departments concerned have taken necessary action to amend the relevant provisions of the Act suitably. This course of action will no doubt consume considerable time to achieve the object. In view of the anxiety in giving effect to the decision of the Government, it was thought fit to issue executive instructions and accordingly orders were issued in the above Government Order.

Thus, the State has tried to exercise its execu