Prohibition on registering land documents without legal basis violates the constitutional right to property.

F.M. Ibrahim Kalifulla, J.

The petitioner society claims to represent the agriculturists of the villages of Thiyagavalli Panchayat.

2. According to the petitioner, the Government of Tamil Nadu issued a notification in G.O.Ms.No.1986, Public Works Department, dated 8. 1986 declaring that the lands in the villages of Thiyagavalli and Kudikkadu measuring an extent of 800.00.00 hectares out of the total extent of 940. 5 hectares were to be acquired for the establishment of a Thermal Power Station by the first respondent Board.

3. It is stated that subsequent to the said G.O., a draft scheme was also published on 210. 1986 as per Section 29(2) of the Electricity (Supply) Act, 1948. However, it is stated that no steps were takenand the villagers who owned their lands in the above referred to extent as mentioned in the notification were dealing with their lands by way of transfer, sale, etc. without any hindrance.

4. The present grievance of the petitioner is that certain lands were registered by the third respondent in favour of a private company limited, called "Cuddalore Power Company Ltd.", Under document No.26 of 2007, dated 1. 2007 and document No.156 of 2007, dated 11. 2007. However, when one Thiru.Kennedy, who owned some lands in the said village presented a sale agreement, dated 21. 2007 in favour of the deponent to the affidavit, the third respondent refused to register the document by referring to a notice displayed in the office of the third respondent, dated 210. 2006, as well as by referring to G.O.Ms.1986, dated 8. 1986 and the letter of the first respondent, dated 9. 2006.

5. The petitioner would submit that when enquiries were made with the third respondent and when a legal notice was issued on 2. 2007, objecting to the refusal of the third respondent to receive the documents for registration, the fourth respondent in his communication, dated 2. 2007 informed the petitioners counsel that they have been advised to register only such documents which are in favour of "M/s.Cuddalore Power Company Ltd.".

6. It is based on the above averments, the petitioner has come forward, with this writ petition seeking for issuance of writ of Certiorarified mandamus to call for the records in relation to the notice, dated 210. 2006 affixed in the office of the third respondent and the letter of the fourth respondent, dated 2. 2007, to quash the said proceedings and direct the respondents to receive and register all the documents presented to them for registration pertaining to the lands situated in the villages of Thiyagavalli and Kudikkadu under the provisions of the Registration Act.

7. When the writ petition was moved, the learned Government Pleader took notice. Subsequently, the writ petition was admitted on 24. 2007 and an interim order directing the third respondent to register the documents presented by the deponent to the affidavit was ordered on the said date. On behalf of the State Government, counter affidavit has been filed by the Inspector General of Registration.

8. In paragraph 6, the second respondent has tacitly admitted that he issued an order to the third respondent not to consider the conveyance deeds with respect to the lands situated in Thiyagavalli and Kudikkadu villages in the light of certain communication from "M/s.Cuddalore Power Company Limited" and the office of the second respondent, dated 211. 2006 and 112. 2006 respectively.

9. We perused the impugned proceedings, dated 210. 2006 and reply notice of the fourth respondent, dated 2. 2007. The impugned proceedings dated 210. 2006 is stated to be a notice affixed in the office of the third respondent, which reads as under:-

10. 210. 2006." In the reply notice, the fourth respondent has made it in no uncertain terms that as per the proceedings of the second respondent, dated 112. 2006 and the G.O.Ms.No.1986 P.W.D., dated 8. 1986, the lands in the villages, namely, Thiyagaalli and Kudikkadu, measuring an extent of 940. 5 hectares,whch fall within th