K. NALLATHAMBI Vs. THE STATE OF TAMILNADU REP.BY ITS SECRETARY TO THE GOVERNMENT COMMERCIAL TAXES AND REGISTRATION DEPARTMENT FORT ST. GEORGE, CHENNAI-9,

JUDGEMENT

(1.) THE petitioner has filed the present Writ Petition seeking to challenge an order passed by the Sub Registrar, Namgiripettai, wherein the petitioner was informed that since the matters are pending before the Court in W.P. No. 17500 of 2010, no action can be taken on the document. The contention of the petitioner was that the respondents have no right to refuse to register the document on the ground that the Tamil Nadu Hindu Religious and Charitable Endowments Board had stayed the registration of the sale deed and the Writ Petition was pending before this Court.

(2.) ON notice from this Court, on behalf of the 4th respondent, Assistant Commissioner, HR & CE Department, a counter affidavit dated 25.4.2012 has been filed. It is also brought to the notice of this Court that W.P. No. 17500 of 2010 filed by one Vijayakumar was allowed by this court on 5.1.2012 on the ground that G.O.Ms. No. 150, Commercial Tax Department dated 22.9.2000 was withdrawn by the Government as it cannot be traceable to the power conferred under Section 22 -A of the Registration Act. However, the State Government subsequent to the judgment of the Division Bench in Captain Dr.R.Bellie v. the Sub Registrar, Registration Office, Sulur, Coimbatore District reported in : 2007 (3) CTC 513 has also made an amendment to the Registration Act by Tamil Nadu Act 2 of 2009 and empowered to refuse to register in respect of lands relating to Tamil Nadu Hindu Religious and Charitable Endowment Board.

(3.) IN the counter affidavit filed by the 4th respondent, it is claimed that the land which is sought to be registered belong to Arulmigu Seventheeswarar Temple, Seerapalli Village, Rasipuram Taluk and the land which the petitioner seeks to register is item No. 18 in the Tabular Column shown in the counter affidavit and it relates to Survey No. 230/5. Originally the land was classified as "Panjangam Maniam" as per the revenue records. But the Settlement Officer has erroneously allowed the same to be converted into ryotwari patta in favur of one Krishnasamy Iyer. It is claimed that the temple is entitled to retrieve the property as the property originally belonged to the temple and subsequently changed to individual names by fraudulent transactions.