H SELVARAJ NADAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and Mr. V. Manoharan, the learned Government Advocate appearing for the respondents.

(2.) THE petitioner had purchased 2 items of lands, on 7. 9. 1999, under a registered sale deed in document No. 1850/99 on the file of the Sub Registrar, Parasala Village, Neiyatrinkarai Taluk, Trivandrum District, State of Kerala, from one Devaraj. The first item of the property, comprised in old survey No. 547, R. S. No. 259/1, to an extent of 18 cents is situated at Palugal Village, Marthandam Registration District, Vilavankodu Taluk, Kanyakumari District and another property, comprised in R. S. No. 187/2 to an extent of 2 cents is in Parasala Village, Neiyatrinkarai Taluk, Trivendrum District, State of Kerala. The said properties were bought for a valuable consideration of Rs. 7,000/ -. It was a bonafide transaction.

(3.) ACCORDING to Section 28 of The Registration Act, (Central Act 16/1908), the sale deed can be presented for registration at any of the two places where the properties are situated. Therefore, the petitioner had registered the sale deed in the Sub-Registrar's Office at Parasala in the state of Kerala. Under Section 2 of The Registration (Tamil Nadu Amendment) Act, 1997, (Tamil Nadu Act 19/97), Section 28 of the Registration Act (Central Act 16/1908) had been amended. The amending Act was published in the Extraordinary Gazette, dated 29. 3. 1997. In view of the amended provisions of Section 28 (a), the sale deed has to be necessarily registered in the State of Tamil Nadu. Section 28 (b) of the Act renders the sale deed, dated 7. 9. 1999, as null and void. In such circumstances, the petitioner has come before this Court by filing the present writ petition, invoking Article 226 of the Constitution of India, challenging Section 2 of the Registration (Tamil Nadu Amendment) Act, 1997 (Tamil Nadu Act 19/97) as unconstitutional, ultra vires unenforceable and void ab initio, insofar as the petitioner is concerned.