W.P.No.16549 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.06.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

W.P.No.16549 of 2022

M/s.S.D.Holdings,

a registered partnership fir,

represented by its Managing partner,

Mr.Atul Gupta,

carrying on business at,

4^th floor, “Blue Haven”

No.19, Harrington Road,

Chennai 600 031.

...Petitioner

Vs.

1.The Inspector General of Registration,

120, Santhome High Road,

Chennai 600 028.

2.The District Registrar (Administration)

Chengalput Registration District,

No.10, Kancheepuram High Road,

Chengalput Bazaar,

Chengalput 603 002.

3.The Sub Registrar,

Office of the Sub Registrar

Cheyyur.

4.The Special Tahsildar,

Mamallapuram-Puducherry Corridor Scheme,

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W.P.No.16549 of 2022

Unit III, Chengalput.

...Respondents

Prayer:-

Petition filed under Article 226 of the Constitution of India to issue a

Writ of Mandamus directing the 3^rd respondent herein to accept the sale

deeds being presented for registration in respect of the lands comprised in

Survey No.650/1A2, measuring 10 Acres thereabouts; Survey No.650/1A1,

measuring 2 Acres 38 cents or thereabouts; Survey No.650/1B1, measuring

3 Acres 52 cents or thereabouts; Survey No.650/1B3, measuring 3 Acres

562 cents or thereabouts; Survey No.650/1B2, measuring 3 Acres 52 cents

or thereabouts; admeasuring in all a total extent of 22 acres 94 cents or

thereabouts, situated at Mugaiyur Village, Cheyyur Taluk, Chengalput

District.

For Petitioner : M/s.Dipthi Munoth.A

For Respondents

: Mr.R.Neelakandan,

(Additional Advocate General) by

Mr.Yogesh Kannadasan,

(Special Government Pleader)

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of

Mandamus to direct the 3^rd respondent to accept the sale deeds being

presented for registration in respect of the lands comprised in Survey

No.650/1A2, measuring 10 Acres thereabouts; Survey No.650/1A1,

measuring 2 Acres 38 cents or thereabouts; Survey No.650/1B1, measuring

3 Acres 52 cents or thereabouts; Survey No.650/1B3, measuring 3 Acres

562 cents or thereabouts; Survey No.650/1B2, measuring 3 Acres 52 cents

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W.P.No.16549 of 2022

or thereabouts; admeasuring in all a total extent of 22 acres 94 cents or

thereabouts, situated at Mugaiyur Village, Cheyyur Taluk, Chengalput

District.

2.The learned Government Advocate takes notice for the

respondents. In view of the consent expressed by the Learned counsel

appearing for either side, this petition is taken up for final disposal.

3.The case of the petitioner is that the petitioner firm with an

intention to purchase the properties situated at Mugaiyur Village, Cheyyur

Taluk, Chengalput District, comprised in Survey Nos.650/1A2, 650/1A1,

650/1B1, 650/1B3 & 650/1B2, to a total extent of 22 Acres 94 cents from

its current title holders and prepared a draft sale deed dated 13.06.2022 and

the same was furnished before the 3^rd respondent for verification. However,

the third respondent informed that the said properties cannot be registered

since, there is acquisition proceedings for widening of Mamallapuram-

Puducherry Express Highway (ECR) under the National Highways Act,

1956. Hence, the Writ Petition is filed with the above said prayer.

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W.P.No.16549 of 2022

4.The learned counsel for the petitioner would submit that on

verification with the fourth respondent, it was found that the Government

under the preliminary notification dated 29.07.2019 and 07.08.2019 has

proposed to acquire lands for the purpose of Mamallapuram-Puducherry

Express Highway Project. By a letter dated 10.12.2020, the authorities have

communicated the office of the 3^rd respondent, whereby, it was instructed

that, Section 11 (4) of the Right to Fair Compensation and Transparency in

Land Acquisitio