M AMIRDIN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE present writ petition has been filed seeking a writ of Certiorarified Mandamus to call for the records of the proceedings made in Na.Ka.No.427/2000 dated 06.02.2004 issued by the 3rd respondent and quash the same as arbitrary and unsustainable and consequently direct the 3rd respondent to register the pending document No.1/2002 on the file of the 3rd respondent.

(2.) THE petitioner, M.Amirdin, purchased the property situated in Door No.17, 17A, 17B and in Natham Survey No.43/9 (3014 sqft.) in Thadalam South Street, Thadalan Koil Vattam, Sirkali, by paying the entire sale consideration of Rs.1,40,000/- to one N.S.Arumugam, the owner of the property. THE same was presented on 09.01.2002 before the 3rd respondent for registration. But, the 3rd respondent placed the document as pending document No.1/2002 and refused to accept the document for registration for the reason that there is some arrears due to the Income Tax Department by the above said N.S.Arumughan and some of his properties are under attachment. THE petitioner explained to the 3rd respondent, Sub Registrar, that there was no attachment of the property, but the same went in vain. THErefore, the petitioner approached the 3rd respondent for registration and the same was not considered favourably by the 3rd respondent. However, in view of the frequent representation and pressure mounted on the 3rd respondent, the 3rd respondent issued the impugned notice Na.Ka.No.427/2000 dated 06.02.2004 and also directed the petitioner to pay a sum of Rs.4,59,809/- to the Income Tax Department and produce 'No Objection Certificate' from the Income Tax Department, failing which, it was informed that the registration would not be done. Aggrieved by the said order, the present writ petition has been filed.

(3.) HEARD the learned counsel appearing on either side and perused the materials available on record.