MARIA BABURAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) A resume' of facts absolutely necessary for the disposal of this writ petition would run thus:

(2.) THE petitioner when attempted to get the lease deed dated 18. 05. 2005 registered in the Office of the Sub Registrar, Melapaalayam, the second respondent herein, refused to register the lease deed by citing G. O. Ms. No. 150, Commercial Taxes dated 22. 09. 2000 and the second respondent's memo dated 08. 03. 2005. Hence, the petitioner prays for quashing the Government Order and memo concerned on the ground that those two directions emerged consequent upon the amendment to Section 22a of the Registration Act brought about by the Tamil Nadu Government. However, Section 22a of the Registration Act is ultra vires the constitutional provisions.

(3.) ACCORDING to the learned counsel for the petitioner, the impugned Government Order empowers the Sub-Registrar to refuse registration of the document on the ground of public policy. The memo issued by the second respondent dated 08. 03. 2005 would contemplate a 'no Objection Certificate' from the Wakf Board. The petitioner would further submit that even though the property had nothing to do with the Wakf Board, yet the second respondent issued such a direction based on the Government Order, which contemplates certain types of documents could be got registered only after getting No Objection certificate from authorities concerned.