HC strikes down GO on land registration
Published: Thursday, March 20, 2008
Chennai, March 19 The first bench of Madras High Court has struck down a Tamil Nadu Government Order, directing the Registration department to register sale of lands in two villages in Cuddalore district, only if they were in favour of the "Cuddalore Power Company Limited".
The bench comprising Chief Justice A P Shah and Mr Justice F M Ibrahim Kalifullah set aside the order, holding that the directions issued by the Government to the registration department, clearly infringed the right of any land owner as a citizen of this country.
"It is shocking to note as to under what provision of law or any other authority, the State Electricity Board had issued such order, directing the Registration department not to register any sale deed in the two villages, except in favour of Cuddalore Power Company Limited", the bench said.
The DMK Government had issued the order in 2006, stating that the Government proposed to acquire 800 hectares of land in Thiayagavalli and Kudikkadu villages in Cuddalore district for the purpose of establishing a thermal power station called "Cuddalore Power Company Limited" and directed the Registration department to register sale deeds only if the lands were sold to the proposed Corporation.
The villagers, who filed the writ petition, challenging the validity of the Government order, submitted that when one Kennedy, who owned some lands in the villages, wanted to sell the lands, the registration department refused to register the documents, stating that there was a Government order not to register lands sold to anyone except the Cuddalore Power Corporation.
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