S.ZAHIR HUSSAIN Vs. INSPECTOR GENERAL OF REGISTRATION

JUDGEMENT

(1.) By consent, this writ petition is taken up for final disposal.

(2.) This writ petition is filed by a practicing lawyer of this Court as a Public Interest Litigation. He claims to be the National Award holder in Adventure sports. He is also running a Trust "Rights Awareness Organization", a charitable Trust, bearing Registration No.838.

(3.) In the affidavit filed in support of this writ petition, the petitioner would state that one Abdul Razack, on an earlier occasion, filed a writ petition in W.P.(MD).No.23654 of 2018, for protection of the Government land and the common pathway in Survey Nos.807/1, 807/3 and 807/4 of Kayalpattinam from encroachers, who started promoting plots for sale under the name and style of M/s.Safre Garden and the private entity has entered their appearance and filed their counter. The petitioner would further state that the Tahsildar, Thiruchendur has also sent a reply in Na.Ka.A1/271/2019, dated 25.01.2019 to the Government Pleader, Madurai about the encroachment of Survey Nos.807/1, 807/3 and northern portion of Survey No.807/4 and communications have also been addressed to the Sub-Registrar, Kayalpattinam to prevent any future registration. It is also the case of the petitioner that the said officials have also confirmed the fact that the land in Survey No.807/3 is described as a common pathway as per records and despite that, the Registering Authority went on registering the documents, as if the lands are patta lands. The petitioner further states that he is a socially conscious citizen and one of the affected person, for the reason that he claims to be the owner of 57 cents of land adjacent to the said survey number. The petitioner, in this regard, has also sent a representation dated 24.07.2019 to the second respondent and yet another representation dated 06.08.2019 to the first respondent, pointing out the illegalities and irregularities especially with regard to the registration of the documents pertaining to said survey number. Despite receipt and acknowledgment, no action has been taken to address the grievance and hence, came forward to file this writ petition styled as Public Interest Litigation.