Madras High Court
E.Velu vs The Chairman And Managing Director on 16 October, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam, Mohammed Shaffiq
W.A. No.1747 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.10.2025
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
W.A. No.1747 of 2022
and
C.M.P.Nos.15799 of 2022 and 4071 of 2024
E.Velu ... Appellant
Vs.
1.The Chairman and Managing Director,
The Tamil Nadu Housing Board,
No.493, Anna Salai,
Nandanam, Chennai – 600 035.
2.The Executive Engineer,
The Tamil Nadu Housing Board,
No.493, Anna Salai,
Nandanam, Chennai – 600 035.
3.The Special Tahsildar (Land Acquisition).
State Housing Board Schemes,
Nandanam, Anna Salai,
Chennai – 600 035.
4.The Inspector General of Registration,
100, Santhome High Road,
Mullima Nagar, Mandavelipakkam,
Raja Annamalai Puram,
Chennai – 600 028.
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W.A. No.1747 of 2022
5.The Sub Registrar Joint – 1,
No.98, Nellukara Street,
Periya Kanchipuram,
Kanchipuram – 631 501.
6.V.Rajaram
7.U.Ravi
8.U.Sivakumar
9.U.Vasuki
10.U.Vani
11.Senthil @ S.Yuvaraj
12.Nirmala
13.Ajithkumar
14.Master. Sathiyaraj (minor)
rep. By his father and natural guardian
U.Sivaraj
15.S.Suresh
16.S.Ramu
17.The District Revenue Officer,
M.Singaravelar Maaligai,
62, Rajaji Salai, Chennai Collectorate,
Chennai – 600 001.
18.The Tahsildar,
Taluk Office, Aminjikarai,
Chennai – 600 030. ... Respondents
(R17 and R18 impleaded vide order
dated 18.04.2024 in C.M.P.No.4382 of 2024
in W.A.No.1747 of 2022)
Writ Appeal filed under Clause 15 of Letters Patent against the order
dated 29.04.2022 made in W.P. No.2401 of 2021.
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W.A. No.1747 of 2022
For Appellant : Mr.T.Thiyagarajan
For Respondents : Mr.J.Ravindran,
Additional Advocate General
assisted by
Mr.D.R.Arun Kumar
for R1 to R3
Mr.U.Baranidharan,
Special Government Pleader
for R4 and R5
Mr.Suhrith Parthasarathy
for R6 to R14
No appearance for R15 and R16
Mr.R.Ramanlaal,
Additional Advocate General
assisted by
Mr.T.Arun Kumar,
Additional Government Pleader
for R17 and R18
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
Writ order dated 29.04.2022 passed in W.P.No.2401 of 2021 is under
challenge in the present intra-court appeal.
2. The writ petitioner is the appellant before this Court. The appellant
presented a sale deed for registration. The Sub Registrar/registering authority
refused to register the document on the ground that the subject lands were
acquired by the Government and handed over to the Tamil Nadu Housing
Board/requisitioning body for developing neighbourhood scheme. Refusal was
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made in exercise of the powers conferred under Section 22A of the
Registration Act since objections have been submitted by the competent
authorities. The appellant/presentant of the document submitted his
explanation and the registering authority had conducted an enquiry under
Section 71 of the Registration Act and passed a reasoned order vide
proceedings dated 19.12.2020, which came to be challenged in the writ
petition. A perusal of the order impugned in the writ petition would show that
the subject lands had been acquired for public purpose by the Government
and handed over to the Tamil Nadu Housing Board for developing
neighbourhood scheme. Said order indicates that an appeal is provided under
Section 72 of the Registration Act and such appeal may be filed within a period
of 30 days. Instead of preferring an appeal under Section 72 of the
Registration Act, the appellant has preferred a writ petition challenging the
order dated 19.12.2020 passed by the registering authority.
3. Learned counsel for the appellant Mr.T.Thiyagarajan would mainly
contend that the subject lands had not been acquired by the Government in
the year 1967. There are discrepancies regarding the extent of lands
acquired. The registering authority has not considered the explanation
submitted by the appellant in this regard. That apart, limitation in the present
case would not apply since the lands belong to the appellant had not been
acquired by the Government.
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4. Mr.J.Ravindran, learned Additional Advocate General would oppose
by stating that the subject lands had been included in the land acquisition
proceedings. Acquisition proceedings were completed in all respects in the
year 1967. The acquired lands were handed over to the Tamil Nadu Housing
Board and possession was taken. Thus the lands vest with the Government
absolutely and presently vest with the Tamil Nadu Housing Board. The
documents would show that the subject lands have been included in the land
acquisition proceedings and award proceedings. Therefore, the contention of
the appellant is incorrect. The writ Court has verified the documents and found
that the appellant is not entitled for any relief and accordingly dismissed the
writ petition.
5. On the one hand, the appellant would contend that the extent of the
lands mentioned in the land acquisition proceedings is incorrect. On the other
hand, learned Additional Advocate General would submit that the proposed
lands have been already acquired and the acquisition proceedings and the
award proceedings would indicate that the subject lands have been acquired
by the Government in the year 1967. This Court is of the considered view that
said disputed facts cannot be adjudicated by the writ Court in writ proceedings
which require scrutinisation of original documents including the land
acquisition proceedings of the year 1967 in entirety. High court cannot conduct
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a roving enquiry. In the present case, the registering authority verified certain
documents and accepted the petitions given by the authorities and refused
registration by passing a reasoned order under Section 71 of the Registration
Act. Therefore, the appellant ought to have preferred an appeal under Section
72 of the Registration Act. The appellate authority is empowered to conduct an
enquiry by calling for the original records including the land acquisition
proceedings, award proceedings etc., and decide the issues independently by
affording opportunity to all the parties.
6. Mr.R.Ramanlaal, learned Additional Advocate General would rely on
the proceedings of the Special Commissioner and Commissioner of Land
Administration, Chennai, dated 25.06.2022. Said proceedings would indicate
that an adjudication had been done. Paragraph 13 of the said proceedings
reads as follows:
'13. I have also considered the documentary evidence
relied on by the lower courts. The only document available
shows that one Thiru.Alavattan, son of Mudichooran
purchased the suit property from Tmt.Vedammal. The
Assistant Settlement Officer, Tiruvannamalai in his
proceedings S.R.29/95-96 dated 14.11.96 granted patta in
favour of Party No.1 holding them as legal heirs of
Thiru.Amavasai. The Settlement Officer, Thanjavur in his
proceedings RP5/97 and 17/97 dated 10.03.2000 cancelled
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the orders of the Assistant Settlement Officer and granted
patta to Party No.3 holding them as legal heirs of
Thiru.Amavasai. There is no valid documentary proof to the
legal heirship of either of the parties. The property was
acquired in the year 1967 by the Tamil Nadu Housing Board.
Hence, it is blatantly irregular to pass orders in favour of either
of the parties after a long delay of more than 45 years, that too
without any valid documentary proof to establish their claim.
Hence, both these orders are highly irregular and has to be set
aside.'
7. Relying on the order passed by the Commissioner of Land
Administration, learned Additional Advocate General would contend that
subject lands had already been acquired by the Government and handed over
to the Tamil Nadu Housing Board. Thus the present appeal is to be rejected.
8. In any event, all the allegations and counter allegations relating to
acquisition proceedings are of the year 1967 and the identity of the presentant
of the document is to be verified by the appellate authority in the event of
preferring any appeal under Section 72 of the Registration Act.
9. In view of the above facts and circumstances, the appellant is at
liberty to prefer an appeal under Section 72 of the Registration Act within a
period of four weeks from the date of receipt of a copy of this order. The
appellate authority shall adjudicate the issues independently on merits by
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affording opportunity to all the parties and pass final orders on merits and in
accordance with law within a period of six months from the date of receipt of
appeal.
10. With the above directions, the writ appeal stands disposed of.
Consequently, connected miscellaneous petitions are closed. There shall be
no order as to costs.
[S.M.S, J.] [M.S.Q, J.]
16.10.2025
Index:Yes/No
Neutral Citation:Yes/No
mmi
To
1.The Chairman and Managing Director,
The Tamil Nadu Housing Board,
No.493, Anna Salai,
Nandanam, Chennai – 600 035.
2.The Executive Engineer,
The Tamil Nadu Housing Board,
No.493, Anna Salai,
Nandanam, Chennai – 600 035.
3.The Special Tahsildar (Land Acquisition).
State Housing Board Schemes,
Nandanam, Anna Salai,
Chennai – 600 035.
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4.The Inspector General of Registration,
100, Santhome High Road,
Mullima Nagar, Mandavelipakkam,
Raja Annamalai Puram,
Chennai – 600 028.
5.The Sub Registrar Joint – 1,
No.98, Nellukara Street,
Periya Kanchipuram,
Kanchipuram – 631 501.
6.The District Revenue Officer,
M.Singaravelar Maaligai,
62, Rajaji Salai, Chennai Collectorate,
Chennai – 600 001.
7.The Tahsildar,
Taluk Office, Aminjikarai,
Chennai – 600 030.
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S.M.SUBRAMANIAM, J.
AND
MOHAMMED SHAFFIQ, J.
mmi
16.10.2025
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