P GOPU Vs. JOINT SUB-REGISTRAR

JUDGEMENT

(1.) 1.(Petitions filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified Mandamus to call for the records of the respondent in Na.Ka.No.84/2008 dated 16.6.2008 quash the same and consequently direct the respondent to register and release the documents S.No.[old] 253/1, T.S.No.1177/1 and 1177/2, measuring about 86 and 57 cents in village No.226, Natham B Block, Chengalpattu Taluk, Kancheepuram District).The writ petitions in the connected matters refer to two documents which have been submitted for registration before the respondent.

(2.) THE petitioners have delivered the documents for registration and also paid initial registration charges . However,. the respondent has not carried out registration, but returned the documents and passed the orders impugned in the writ petitions, in terms of which, the respondent has directed the petitioners to secure 'No Objection Certificate' from the Wakf Board on the ground that the property belongs to Wallaja Nawab Dharga and that it is vested with Wakf Board. THE Registrar has no power to refuse the registration, other than the grounds which are set forth under Rule 161 of the Registration Act. THE Tamil Nadu amendment under the Registration Act by inserting Section 22A which made possible the refusal to register documents which are opposed to public policy declared by Government order has been struck down as unconstitutional in the decision of the Division bench of this Court in Amudha Vs. Inspector General of Registration reported in 2007(3) CTC 513. G.O.150 dated 22.9.2000 which enumerated the grounds which were against the public policy, itself was quashed by the decision of this Court in W.P.No.6842 of 2006 dated 10.3.2006. THE Government has also withdrawn the G.O.150 by subsequent G.O.139, Commercial Taxes Department dated 25.7.2007.

(3.) THE writ petitions are disposed of accordingly. No costs. Consequently, M.P.Nos.1+ 1 of 2008 are closed.