S ARUNACHALAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) IN all these writ petitions, the petitioners have sought for quashing the Government Order, G.O.Ms.No.542, Local Administration and Water Supply Department, dated 29-4-1986. They have also sought for consequential relief flowing from quashing of the aforesaid Government Order.

(2.) THE said Government Order (Translated copy) reads thus: GOVERNMENT OF TAMIL NADU: ABSTRACT Municipalities and Corporation " records " sending of objection to the Registration Department within 45 days when layout sites are sold or brought to Registration " Instructions " issued " order. MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT G.O.Ms.No.542 Dated: 29-4-1986 ORDER It is felt that an amendment need to be brought so as collect the development charges from the plot owners for the purpose of providing street roads, street lights and drainage facilities etc. at the time of registering the documents. It is seen that the property developers, taking advantage of the prevailing rules and regulations are selling the lands which are outside the town without adequate facilities like drainage etc. and by buying them for lessor price and selling for good price and thus they earn very good profit. THErefore, the buyers of the said house plots are forced to bear the expenses for providing the facilities mentioned above. However, not every one of the owners is in a position to bear the same. THErefore, it has been decided that unless and until an amendment is brought to the Registration Act to the effect that the registration of house sites should be done only after getting No Objection Certificates, from the concerned Panchayat/Municipality or Corporation, no useful purpose will be served. Since the proposed amendment to the Registration Act would affect the number of documents to be registered, pending appropriate amendments to the Municipalities, it has been decided to follow the undermentioned advice. It has been advised to the respective Commissioners of Panchayat, Town Panchayat, Municipality and the Corporation concerned to inform about their objections or no objections within 45 days to be Sub-Registrar from the date on which the Sub-Registrar's notice is received to the effect whether there is any objection to the proposed registration of sale of house sites. Similarly, the Registration Department is advised to await for the objection from the concerned Municipality/Panchayat Town Panchayat and Corporation etc. for a period of 45 days from the date on which the notice has been served on them and then register the documents. It is hereby ordered that the Municipalities and Corporation should follow the instructions given above.

(3.) IN this view of the matter, we find it difficult to accept the contention of the learned Government Pleader that the Government Order has been issued in exercise of the executive powers in order to urgently meet the situation, therefore it is valid. Accordingly, the contention of the learned Government Pleader is rejected.