(1.) The petitioner herein contended that he entered into an agreement on 9/7/2004 with one Shankar for the purchase of a vacant land measuring an extent of about 83,200 sq.ft. in R.S.No.118/1 in Pethuchettipatti village, Karuvadikuppam Revenue village, situate within the jurisdiction of the Sub-Registrar of Reddiarpalayam, Union Territory of Pondicherry and the said agreement of sale has also been registered as Document No. 3724 of 2004 in the office of the Assistant Registrar of Reddiarpalayam, but, when the petitioner made enquiries in the office of the first respondent /Sub-Registrar, Reddiarpalayam, Pondicherry in February, 2006, regarding the guideline value of the property, for the purpose of purchase of stamp papers, he came to know about a communication dated 14.11.2005 sent by the District Collector, Pondicherry, instructing the second respondent to issue suitable instructions to the first respondent to withhold the registration of any sale transaction in respect of the lands in R.S.Nos.117 and 118 of the said village. It is his further contention that he had applied for a loan to the Indian Overseas Bank and that the Bank had formally agreed to sanction the loan and that in view of the impugned communication, he was not able to get the sale deed registered, leading to the cancellation of the provisional sanction of the loan.
(2.) In these circumstances, challenging the said communication dated 14/11/2005 sent by the District Collector to the second respondent/District Registrar, Pondicherry, the petitioner herein has filed W.P.No. 12577 of 2006 before this Court. A learned single Judge of this Court, by the order dated 8.11.2006, has allowed the said writ petition,- resulting in filing of Writ Appeal No.13 of 2007 by the respondents.
(3.) At the time of hearing of the said writ appeal, it was brought to our notice by the learned Government Pleader for Pondicherry that chitta which was obtained in favour of Mrs.Thayalnayagi, the mother of Shankar, who has entered into the sale agreement with the petitioner, in respect of the property situate in R.S.No.118/1 in Pethuchettipatti, Karuvadikuppam Revenue Village in Oulgarpet Municipal Limit was cancelled and as against which, the petitioner has filed W.P. No. 22942,of 2007 and the same is pending on the file of this Court. It was also submitted by the learned Government Pleader (Pondicherry) that if the order of cancellation of patta is set aside by the learned single Judge in the writ petition, the writ petitioner can present the document for registration on the basis of the sale agreement. The learned counsel appearing for the respondent/writ petitioner submitted that the sale deed has to be registered on the basis of the chitta granted in respect of other lands situate in the above- said survey number in favour of Thayalnayagi. In those circumstances, we have allowed the said writ appeal filed by the respondents/Government of Pondicherry, holding that unless and until the cancellation of patta is set aside by this Court in the above- said pending writ petition, 'the respondent/ petitioner has no power to execute the sale deed in his favour.'