Madras High Court
R.Ganesh Bharathi vs The Collector on 5 July, 2022
W.P. No.16918 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :05.07.2022
CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI
W.P. No. 16918 of 2022
R.Ganesh Bharathi ... Petitioner
Vs.
1.The Collector,
Salem Collectorate Office Campus,
Salem 636 001.
2.The Revenue Divisional Officer,
Salem District Collector Office Campus,
Salem.
3.The Joint Registrar,
The Deputy Head of Registration Department,
2nd Floor Integrated Building Campus,
Kumaragiri Byepass Road,
K.M.Colony, Salem 636 014.
4.The Tahsildar,
Tahsildar Office,
Near Corporation Bank,
Cherry Road, Salem 1
5.The Head Master,
Govt. Higher Secondary School,
Kondalampatti, Salem 1. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, to direct the 4th respondent to consider the
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W.P. No.16918 of 2022
petitioner representation dated 21.12.2020 for issuance of No Objection
Certificate.
For Petitioner : Mr.J.Sudhakaran
For Respondents : Mr.R.Vigneswaran
Government Advocate
*******
ORDER
This writ petition has been filed seeking for issuance of a Writ of
Mandamus to direct the fourth respondent to consider the petitioner's
representation dated 21.12.2020 for issuance of No Objection Certificate.
2. It is the case of the peitioner that originally the petitioner's
grandfather, namely T.K.T.Krishnasamy Chettiar was the absolute owner of
the property in S.No.158/2B situated in Jarukondalampatti, Salem District
and he executed a Will in favour of his wife. Thereafter, a portion of the
above said property was settled in favour of the petitioner's father.
Subsequently, the petitioner's father died during the year 2022 and when the
petitioner sought to register the document, the Sub-Registrar refused to
register the document and recommended the petitioner to obtain ''No
Objection Certificate'' from the authority concerned. While so, petitioner
made a representation dated 21.12.2020 before the fourth respondent seeking
for No Objection Certificate. Since the same was not considered by the
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W.P. No.16918 of 2022
fourth respondent, the petitioner has filed the present Writ Petition.
3. Though very many grounds have been raised in this Writ Petition,
learned counsel for the petitioner submits that, earlier the petitioner's
grandfather had filed a suit for permanent injunction agianst the Government
School authorities and others in O.S.No.1647 of 1987 and the same was
dismissed by the learned Principal District Munsif, Salem, against which he
preferred an Appeal, which was allowed in favour of the petitioner's
grandfather. Aggrieved by the same, the fifth respondent filed a Second
Appeal in S.A.No.738 of 1999. This Court dismissed the said Second Appeal
vide judgment dated 07.08.2017. Even then, the Sub Registrar refused to
register the document, which was presented by the petitioner and insisted
him to obtain No Objection Certificate from the concerned authority which is
not sustainable. He further submits that it would suffice if this Court issues
direction to the fourth respondent to consider the petitioner's representation
dated 21.12.2020 and pass orders on merits and in accordance with law
within a particular time frame to be fixed by this Court.
4. The learned Government Advocate appearing for the respondents
submitted that if any such document is presented before the Sub Registrar,
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W.P. No.16918 of 2022
the said document will be entertained based on the Judgment passed by this
Court in S.A.No.738 of 1999, dated 07.08.2017.
5. Heard the learned counsel appearing on either side and perused the
materials placed before this Court.
6. Taking into consideration the factual aspects of the matter, this
Court without going into the merits of the case, directs the petitioner to re-
present the document before the Sub Registrar concerned and the Sub
Registrar is directed to pass appropriate orders, interms of the Judgment of
this Court in S.A.No.738 of 1999 dated 07.08.2017, on merits and in
accordance with law after affording an opportunity of hearing to the
petitioner as well as aggrieved persons if any, within a period of twelve
weeks from the date of receipt of a copy of this order.
7. With the above observations and direction, the Writ Petition is
disposed of. No costs.
05.07.2022
Index : Yes / No
Speaking order : Yes / No
RAP
https://www.mhc.tn.gov.in/judis
W.P. No.16918 of 2022
To
1.The Collector,
Salem Collectorate Office Campus,
Salem 636 001.
2.The Revenue Divisional Officer,
Salem District Collector Office Campus,
Salem.
3.The Joint Registrar,
The Deputy Head of Registration Department,
2nd Floor Integrated Building Campus,
Kumaragiri Byepass Road,
K.M.Colony, Salem 636 014.
4.The Tahsildar,
Tahsildar Office,
Near Corporation Bank,
Cherry Road, Salem 1
5.The Head Master,
Govt. Higher Secondary School,
Kondalampatti, Salem 1.
https://www.mhc.tn.gov.in/judis
W.P. No.16918 of 2022
M.DHANDAPANI, J.
RAP
W.P. No.16918 of 2022
05.07.2022
https://www.mhc.tn.gov.in/judis
