The Madras High Court has issued notice to authorities concerned on a PIL seeking direction to declare as unconstitutional a proviso to an amended section of a legislation in Tamil Nadu which imposed restrictions on the registration of certain categories of immovable properties.
The court recently ordered notice to the Inspector General of Registration and the state government and posted the matter for further hearing on November 16.
According to petitioner V B R Menon, as per the amendment to section of 22-A(2) of the Tamil Nadu Registration Act, different categories of documents were earmarked for refusal of registration by the authorities concerned.
The amendment says registration of instruments relating to transfer of ownership of lands converted as house sites without obtaining permission for development of such lands from planning authorities concerned shall be refused, the petitioner said.
However, an exemption was made for the house sites which were already registered.
The petitioner claimed that the amended proviso creates a discrimination between two section of owners who purchased the plots and hence was violative of Article 14 of the Constitution and therefore unenforceable.
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