Madras High Court
K.V.Jayaraman vs The Inspector General Of ... on 21 December, 2021
W.P.Nos.22407 & 25227 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.12.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.Nos.22407 & 25227 of 2021
W.M.P.Nos.23652 & 26600 of 2021
K.V.Jayaraman ... Petitioner in both
WPs.
-Vs-
1. The Inspector General of Registration,
No.100, Santhom High Road,
Chennai – 600 028.
2. The Sub Registrar,
Konnur Sub Registrar Office,
Konnur High Road,
South Thirumalai Nagar,
Villivakkam,
Chennai – 600 049.
3. The Sub Registrar,
Velacheri Sub Registrar Office,
No.36, Orandiamman Koil Street,
Near Police Station, Velacheri,
Chennai – 600 042.
4. The Tamil Nadu Housing Board,
CMDA Compex, E & C Markey Road,
Koyambedu, Chennai – 600 107.
(R4 impleaded as per the order
dated 21.12.2021 made in
W.M.P.Nos.28509 & 28510
of 2021 in W.P.Nos.22407 &
25227 of 2021) ... Respondents in
both W.Ps.
https://www.mhc.tn.gov.in/judis
W.P.Nos.22407 & 25227 of 2021
Common Prayer :- Writ Petition filed under Article 226 of the Constitution of
India praying for the issuance of a Writ of Certiorarified Mandamus, to call for
the records with the second respondent pertaining to the entry made as
Document Nos.6 &5 of 2021 in the encumbrance certificate pertaining to the
subject matter of property situated in S.F.No.604 & 605 respectively, of
Mogapair Village, Saidapet Taluk, Thiruvallur District ad measuring an extent
of 0.44 & 2.61 Acres respectively, belonging to the petitioner absolutely and
quash the same with a direction to the second respondent to remove the
aforesaid entry.
For Petitioner in
both WPs : Mr.AR.L.Sundaresan
Senior Counsel
For Mr.A.Parthasarathy
For Respondents
in both WPs. : Mr.Yogesh Kannadasan
Special Government Pleader
COMMON ORDER
These Writ Petitions have been filed to call for the records with the
second respondent pertaining to the entry made as Document Nos.6 & 5 of
2021 in the encumbrance certificate pertaining to the subject matter of property
situated in S.F.No.604 & 605 respectively, of Mogapair Village, Saidapet
Taluk, Thiruvallur District admeasuring an extent of 0.44 & 2.61 Acres
respectively, belonging to the petitioner absolutely and quash the same with a
direction to the second respondent to remove the aforesaid entry.
https://www.mhc.tn.gov.in/judis
W.P.Nos.22407 & 25227 of 2021
2. The case of the petitioner is that the petitioner purchased the
lands comprised in S.F.No.604 ad measuring 44 cents and S.F.No.605 ad
measuring 2.61 acres situated at Mogapair Village, Chennai, by two sale deeds
registered vide document Nos.6551 & 6552 of 2017. The said properties were
already acquired by the fourth respondent in the year 1975, which was
confirmed by the Hon'ble Supreme Court of India, in the year 1999. However,
the fourth respondent has not used the lands acquired. As such, the land
owners jointly filed a Writ Petition in W.P.No.22974 of 2010 before this Court
and this Court disposed the Writ Petition with the following directions :-
“16. However, since it is the stand of the
respondents that the scheme is under progress
and they are seeking approval, which is pending
with the CDMA, the Housing Board is directed
to take steps to get appropriate orders from the
CMDA within a maximum period of six months
from the date of receipt of copy of the order. In
the event of CMDA not granting the approval for
utilising that land in question for residential
plots with car parking, then the request of the
petitioners has to ve considered in terms of the
Honourable Apex Court's order dated
08.10.1999. In the event of the CMDA granting
approval, the question of re-conveyance does
not arise. However, they cannot go on postpone
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W.P.Nos.22407 & 25227 of 2021
this on one ground or another inventing new
public purpose to reject the claim of the
petitioners in view of the Apex Court's order
especially in the case reported in 2010 (2) CTC
336. Apart from this, when other adjoining lands
has been released, the petitioners alone cannot
be singled out and different treatment cannot be
extended to the petitioners as in my opinion this
will to clear discrimination in view of the above
referred Honourable Apex Court's judgment
reported in 2010 (2) CTC 336.”
3. In the year 2014, once again the land owners filed another Writ
Petition in W.P.No.22934 of 2014 and the same was allowed by an order dated
06.11.2014, thereby releasing the subject lands from the acquisition
proceedings. After perusal of necessary documents and obtaining legal opinion,
the petitioner purchased the property on 19.10.2015 and presented the sale
deeds for registration. However, the sale deeds were kept pending as document
Nos.P95 & P96 of 2015 for clarification with regard to subsisting acquisition
or encumbrance if any.
4. While pending registration of those documents, the fourth
respondent filed Writ Appeals in W.A.Nos.184 & 329 of 2015 etc., and the
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W.P.Nos.22407 & 25227 of 2021
same was also dismissed by the Hon'ble Division Bench of this Court by an
order dated 09.02.2016. After dismissal of the Writ Appeal and on receipt of
the opinion from the Government Pleader, the third respondent registered the
sale deeds vide document Nos.6551 & 6552 of 2017. Thereafter on
27.09.2021, the petitioner applied for encumbrance certificate in respect of the
subject property and came to understand that on receipt of the letter from the
first respondent, the impugned endorsement has been made in the
encumbrance stating that in respect of the subject property, there is a case
pending before this Court and no further deed of conveyance can be registered.
Hence, the petitioner filed the present Writ Petitions with the above said prayer.
5. The learned Senior Counsel appearing for the petitioner submitted
that as against the order passed by the Hon'ble Division Bench of this Court in
W.A.Nos.184 & 329 of 2015 etc., no appeal has been preferred by the fourth
respondent or no review has been filed as against the said order, till today. In
fact, after dismissal of the Writ Appeals and on receipt of the legal opinion
from the Government Pleader, the third respondent registered the documents
and released the same in favour of the petitioner.
6. While being so, on receipt of the letter from the first respondent
https://www.mhc.tn.gov.in/judis
W.P.Nos.22407 & 25227 of 2021
dated 01.08.2021, the second respondent registered vide document Nos.5 & 6
of 2021 as that no deed of conveyance can be registered in respect of the
subject property for the reason that, in respect of the property the fourth
respondent filed case before this Court. Mere on the request made by the fourth
respondent, the first respondent has no authority to send letter dated
01.08.2021 to the second respondent. That apart, without instruction of the
first respondent, the letter has been registered and made remarks in the
encumbrance in respect of the subject property. Therefore, he prayed for
necessary direction in the present Writ Petitions.
7. Heard Mr.AR.L.Sundaresan, learned Senior Counsel appearing for
the petitioner, Mr.Yogesh Kannadasan, learned Special Government Pleader
appearing for the respondents in both Writ Petitions.
8. Admittedly, the subject lands were released by this Court in the
order passed in W.P.No.27934 of 2014 and declared that the acquisition
proceedings initiated under the Act, in respect of the land to an extent of 44
cents comprised in S.F.No.604 and the order passed in W.P.No.23698 of 2014
in respect of the land to an extent of 2.61 acres comprised in S.F.No.605
situated at Mogappair Village, Saidapet Taluk, Thiruvallur District, have
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W.P.Nos.22407 & 25227 of 2021
lapsed in view of the Section 24(2) of the new Act. The orders passed by the
learned single Judge in both Writ Petitions have been confirmed in
W.A.Nos.184 & 329 of 2015 etc., by an order dated 09.02.2016. The fourth
respondent neither preferred any appeal before the Hon'ble Supreme Court of
India nor filed any revision in the Writ Appeals. Subsequently, the sale deeds
which were presented by the petitioner for registration were registered in
document Nos. 6551 & 6552 of 2017 and released in favour of the petitioner.
9. While being so, on receipt of the letter from the fourth respondent,
the first respondent without even conducting any enquiry and without any
notice to the petitioner mechanically sent communication to the second
respondent and on receipt of the same, without any request made by the first
respondent, the second respondent also registered the same vide document
Nos.5 & 6 of 2021. Therefore, the impugned endorsement cannot be
sustainable and is liable to be quashed.
10. In view of the above, the impugned endorsement in document
Nos.5&6 of 2021 in the encumbrance certificate pertaining to the subject
matter of property situated in S.F.No.604 & 605 respectively, of Mogapair
Village, Saidapet Taluk, Thiruvallur District ad measuring an extent of 0.44 &
https://www.mhc.tn.gov.in/judis
W.P.Nos.22407 & 25227 of 2021
2.61 Acres respectively, is hereby quashed. The second respondent is directed
to remove the endorsement made in respect of the land comprised in
S.F.No.604 & 605 respectively, situated at Mogapair Village, Saidapet Taluk,
Thiruvallur District, forthwith.
11. Accordingly, both the Writ Petitions are allowed. Consequently,
connected miscellaneous petitions are closed. There shall be no order as to
costs.
21.12.2021
(2/2)
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
rts
https://www.mhc.tn.gov.in/judis
W.P.Nos.22407 & 25227 of 2021
To
1. The Inspector General of Registration,
No.100, Santhom High Road,
Chennai – 600 028.
2. The Sub Registrar,
Konnur Sub Registrar Office,
Konnur High Road,
South Thirumalai Nagar,
Villivakkam,
Chennai – 600 049.
3. The Sub Registrar,
Velacheri Sub Registrar Office,
No.36, Orandiamman Koil Street,
Near Police Station, Velacheri,
Chennai – 600 042.
4. The Tamil Nadu Housing Board,
CMDA Compex, E & C Markey Road,
Koyambedu, Chennai – 600 107.
https://www.mhc.tn.gov.in/judis
W.P.Nos.22407 & 25227 of 2021
G.K.ILANTHIRAIYAN, J.
rts
W.P.Nos.22407 & 25227 of 2021
W.M.P.Nos.23652 & 26600 of 2021
21.12.2021
(2/2)
https://www.mhc.tn.gov.in/judis
