Before the Madurai Bench of Madras High Court
THE HONOURABLE MR. JUSTICE T.S. SIVAGNANAM
T. Sundar
Versus
The Sub Registrar, Office of the Sub Registrar, Tirunelveli & Another
Writ Petition (MD)Nos.10822 to 10834 & 5739 to 5741 of 2008, M.P.(MD)Nos.1 & 1 of 2008
Decided on : 22-10-2009
Writ of Mandamus - Registration of Sale Deed - Indian Stamp Act, Registration Act - 2008(3) LW 766, 2008(3) CTC 614 - The Court held that the registering authority has no power to retain the document after registration. The direction issued by the second respondent to the first respondent not to entertain any sale deed was held as unsustainable.
Fact of the Case:
The petitioners sought a Writ of Mandamus to direct the respondents to register the sale deed for lands subject to land acquisition proceedings by the Tamil Nadu Housing Board. The respondents refused to return the document after completion of registration formalities.
Finding of the Court:
The Court found that the registering authority has no power to retain the document after registration and that the direction issued by the second respondent to the first respondent not to entertain any sale deed was unsustainable.
Issues: The issue was whether the first respondent is entitled to return the sale deed after registration and whether the direction issued by the second respondent to the first respondent not to entertain any sale deed was valid.
Ratio Decidendi: The Court held that the registering authority has no power to retain the document after registration and that the direction issued by the second respondent to the first respondent not to entertain any sale deed was unsustainable.
Final Decision: The writ petitions were allowed, and the first respondent was directed to return the sale deeds to the petitioners. It was clarified that the release of the sale deeds does not affect the title of the Tamil Nadu Housing Board or its allottees.
By consent, the writ petitions are taken up for final disposal. Since all the writ petitions have been filed seeking for an identical relief, they are taken up together.
2. The prayer in the writ petition is for a issuance of a Writ of Mandamus, to direct the respondents to register the sale deed presented by the respective petitioners in respect of the lands Keelanatham Village, Palayamkottai Taluk.
.3. In the affidavit filed in support of the writ petitions, the petitioners have made certain averments about the title of their vendor and about the fact that they have purchased the said property and presented the sale deed for registration. The grievance is that though formalities relating to registration of the document has been completed the respondent is refusing to return the document.
.According to the petitioners, the lands in question were subject matter of land acquisition proceedings for the purpose of a scheme promoted by the Tamil Nadu Housing Board. The said land acquisition proceedings came to be challenged by the land owner Indumathi and three others by filing W.P.No.35199 of 2003 and an order of interim stay was granted in the said writ petition on 012. 2003 in W.P.M.P.No.42789 of 2003. It is further stated that certain other persons have also questioned the land acquisition proceedings. It is further stated that the petitioners lands are totally unconnected with the said case and therefore, the refusal to return the sale deed is illegal. It is further submitted that the petitioners have given written representation on 09.06.2008 to the respondents personally stating that there is no impediment to register and release the document. Since the respondents failed to comply with the request of the petitioners, filed the above writ petitions.
4. Mr. S. Subbiah, learned counsel for the petitioners would submit that the respondents have no jurisdiction to withhold the document. Learned counsel would further submit that the law on the subject has been settled by this Court and there is no jurisdiction to withhold the document. Learned counsel would further contend that even assuming the document is void document and the same may not have any effect on the rights and title of the Tamil Nadu Housing Board, the petitioners would be entitled to stake the claim on the compensation awarded in the land acquisition proceedings. Learned counsel for the petitioners would further submit that the registering authority has absolutely no right to investigate into the title.
5. Learned counsel would place reliance upon the decision of the Division Bench of this Court in Thiyagavalli Panchayathai Serntha Nochikkadu Grama Vivasayigal Pathukappu Matrum Makkal Pothunala Sangam represented by its Secretary, Nochikkadu Vs. The Chairman, Tamil Nadu Electricity Board & 3 Others reported in 2008(3) LW 766 and the decision of this Court in Tata Coffee Limited Vs. The State of Tamil Nadu by the Secretary to Government, Commercial Taxes & Registeration, Government of Tamil Nadu Chennai-9 and Others reported in 2008(3) CTC 614 and would contend that the writ petitions may be allowed as prayed for.
.6. Mr. A. Kannan, learned standing counsel for the Tamil Nadu Housing Board placing reliance upon the counter affidavit would contend that the acquired lands were taken over by the Tamil Nadu Housing Board on 30.06.2003 and hence immediately after the taken over of the lands in the respective writ petitions, the entire revenue records and title automatically changed in the name of the Housing Board. Therefore, learned counsel would further contend that the first respondent is justified in refusing to release the document and the same is in the interest of protecting the government property. Further, it is stated that already instructions have been given to the second respondent by communication dated 20.08.2003 requesting to stop registration of the land covered in the survey numbers which was acquired for the Housing Board. Learned coun
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