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2017 Supreme(Mad) 556

S.NAGAMUTHU, ANITA SUMANTH
Sudha Ravi Kumar – Appellant
Versus
Special Commissioner and Commissioner, Hindu Religious and Charitable Endowments Department, Chennai – Respondent


Advocates Appeared:
For the Petitioner: Mrs. Nalini Chidambaram, SC for Mrs. C.Uma
For the Respondent: Mr. V. Ayyadurai, AAG Asst. by Mr. M. Maharaja, Spl. G.P., Mr. K. Dhanajayan, Spl. G.P.

ORDER :

S. Nagamuthu, J.

In all these writ petitions, the challenge is to the orders passed by the Sub Registrars under the Registration Act, 1908, either refusing to register the sale deeds or refusing to return the sale deeds after registration. The impugned orders came to be passed in the following circumstances:

(i) The Registration Act, 1908 was amended by the Registration (Tamil Nadu Amendment) Act, 2008 which received the assent of the President of India on 29.01.2009 and the same was also notified and thus the same has come into force.

(ii) By means of the said amendment, Section 22-A was introduced after Section 22 in the Parent Act. The newly introduced Section 22-A reads as follows:

“Section 22-A: Refusal to register certain documents:- Notwithstanding anything contained in this Act, the registering officer shall refuse to register any of the following documents, namely:-

(1) instrument relating to the transfer of immovable properties by way of sale, gift, mortgage, exchange or lease,-

(i) belonging to the State Government or the local authority or Chennai Metropolitan Development Authority established under section 9-A of the Tamil Nadu Town and Country Planning Act, 1971;

(ii)





















































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