Madras High Court
R.R.Premkumar vs The District Registrar on 23 August, 2023
Author: B.Pugalendhi
Bench: B.Pugalendhi
W.P.(MD)No.20532 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P.(MD)No.20532 of 2023
and W.M.P.(MD)No.16975 of 2023
R.R.Premkumar ... Petitioner
vs.
1. The District Registrar,
District Registrar Office,
Court Complex,
Karaikudi.
2. The Sub-Registrar,
Sub Registrar Office,
Aranthangi,
Pudukottai District.
3. V.K.Suburaman
4. M.Subramaniyan
5. K.Babu @ Narasiman ... Respondents
Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of mandamus, to direct the respondents 1 and 2 to
expedite the enquiry about the fraudulent registration made by the
respondents 3 to 5 through the sale deeds registered as Document No.3142 of
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W.P.(MD)No.20532 of 2023
2002 and 1030 of 2003 dated 24.12.2002 and 23.04.2003 respectively on the
file of the 2nd respondent and cancel the same as per Section 77-A of the
Registration Act, Tamil Nadu Amendment Act 41 of 2022 by considering the
representations dated 03.10.2022, 14.11.2022 and 03.03.2023.
For Petitioner : Mr.T.Leninkumar
For R1 and R2 : Ms.D.Farjana Ghoushia,
Special Government Pleader
ORDER
The case of the petitioner is that a landed property measuring to an extent of 22 cents comprised in Survey No.12/5 at Aranthangi Town, Pudukottai District belongs to a Temple, namely, Kaliamman Temple. In order to maintain the temple, the said property was leased out to the 3rd respondent's father, who created a fraudulent Will dated 13.02.1995 bequeathing the said property in favour of the 3rd respondent. Based on the said Will, the 3rd respondent has sold out a portion of the land in favour of 4 th and 5th respondents vide sale deeds registered as Document Nos.3142 of 2022 and 1030 of 2023 dated 24.12.2002 and 23.04.2003 respectively. Therefore, the petitioner has submitted representations dated 03.10.2022, 14.11.2022 and 03.03.2023 to the respondents to cancel the said documents. Since there was 2/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.20532 of 2023 no action on the said representations, the petitioner is before this Court.
2. The Hon’ble Supreme Court in Satya Pal Anand v. State of M.P., [(2016) 10 SCC 767] has held that that the power to cancel the registration is a substantive matter and in the absence of any express provision on that behalf, it is not open to assume that the Registering Officer would be competent to cancel the registration of the documents in question. Therefore, for cancellation of registered documents, the State of Tamil Nadu brought an amendment to the Registration Act, vide the Registration (Tamil Nadu Second Amendment) Act, 2021. By this amendment Act, Sections 22B, 77A, 77B, 81A and 81B were inserted in the Registration Act. Section 77A provides the power to the Registrar to cancel registered documents, if it is found to be in contravention of sections 22A and 22B.
3. Whereas, this Court in S.M. Hajabakrutheen Vs. The Inspector General of Registration [W.P.(MD) Nos. 14546 of 2022 batch, dated 27.03.2023], in view of the conflicting views taken by two different benches of this Court regarding the applicability of Section 77A, has referred various 3/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.20532 of 2023 issues for consideration by a Larger Bench of this Court. The relevant portion of the reference order is extracted as follows-
“20. In view of the reasonings of the Full Bench and in view of the conflicting views of the two learned Single Judges the following issues are referred for due consideration by a Larger Bench of this Court.
i) whether the recitals in a document presented for registration, can be examined to determine that such document was fraudulently executed or registered;
ii) whether a document in which the recitals alone are questioned can be considered only as voidable which would normally necessitate the filing of the suit to set aside the particular document or whether even those documents can be cancelled by the Sub Registrar under Section 77A of the Registration Act;
iii) whether exercise of power under Section 77A must be restricted to registration of documents in contravention to Section 22-A or 22-B of Registration Act, 1908 alone?
iv) whether the exercise of such power under Section 77A of the Registration Act can be prospective in nature or retrospective in nature?
21. To determine these issues, the Registry may place all the 4/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.20532 of 2023 writ petitions before the Hon'ble Administrative Judge for constitution of a Larger Bench to examine the issues in detail.
22. Till a decision is rendered by the Larger Bench, let no further action be taken by any of the Sub Registrars, who may await further orders of the Larger Bench.”
4. By referring to the above order, this Court in A.Shanthi v. The District Registrar [WP.No.18814 of 2023, dated 27.06.2023] has reiterated that the District Registrars across Tamil Nadu shall not take any action on an application under Section 77A of the Registration Act, till the reference is answered by the Larger Bench. The relevant portion is extracted as follows:-
“4.In the light of the above order, there is no scope for considering the representation made by the petitioner at present and the petitioner has to necessarily await for the final orders to be passed by the Larger Bench on the issue. Hence, this writ petition is closed for the present.
5.It is brought to the notice of this Court that in spite of the above order passed by this Court, the District Registrars are entertaining the applications under Section 77A of the Registration 5/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.20532 of 2023 Act and even orders are passed. It is not known as to whether this order was circulated to all the District Registrars in State of Tamil Nadu. In view of the above order, this Court once again reiterates that the District Registrars across Tamil Nadu shall not take any further action on the application submitted under Section 77A of the Registration Act, till a final decision is rendered by the Larger Bench. The Inspector General of Registration is directed to issue a Circular in this regard to all the District Registrars across the State of Tamil Nadu immediately”
5. In view of the above decisions, this writ petition is dismissed with liberty to the petitioner to approach the competent civil Court and if any civil suit is filed, the same shall be entertained by the civil Court by excluding the period for which this writ petition was pending before this Court for the purpose of calculating the limitation period. The writ petitioner is also at liberty to invoke Section 77A of the Act upon the outcome of the reference made. No costs. Consequently, connected miscellaneous petition is closed.
Index : Yes / No 23.08.2023
NCC : Yes / No
ogy
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W.P.(MD)No.20532 of 2023
To
1. The District Registrar,
District Registrar Office,
Court Complex,
Karaikudi.
2. The Sub-Registrar,
Sub Registrar Office,
Aranthangi,
Pudukottai District.
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W.P.(MD)No.20532 of 2023
B.PUGALENDHI, J.
ogy
W.P.(MD)No.20532 of 2023
23.08.2023
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