Madras High Court
R.Ramaraj vs The Inspector General Of Registration on 3 July, 2023
Author: B.Pugalendhi
Bench: B.Pugalendhi
W.P.(MD)No.15928 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P.(MD)No.15928 of 2023
R.Ramaraj ... Petitioner
versus
1. The Inspector General of Registration,
O/o. The Inspector General of Registration,
No.100, Santhome High Road,
Chennai.
2. The District Registrar (Registration),
O/o. The District Registrar,
Virudhunagar District.
3. The Sub-Registrar,
O/o. The Sub-Registrar,
Pandalkudi,
Virudhunagar District.
4. A.Lakshmanan ... Respondents
Writ Petition filed under Article 226 of the Constitution of India,
seeking for the issuance of Writ of Mandamus, to direct the respondent
Nos.1 to 3 to conduct an fair enquiry by considering the petitioner's
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W.P.(MD)No.15928 of 2023
representation dated 21.09.2022 and cancel the forged sale deed
document No.120 of 1992 dated 12.03.1992 on the file of respondent
No.3 within the time stipulated by this Court.
For Petitioner : Mr.T.Thirumurugan
For R1 to R3 : Mr.P.T.Thiraviam,
Government Advocate
ORDER
The petitioner claims that the properties in Survey Nos.76/6, 78/5 and 78/8 situated at Thummuchinnampatti Village, Aruppukkottai Taluk, Virudhunagar District had been purchased by his father Sankaran Chettiar vide a registered sale deed in Document No.1110 of 1956. After the demise of his father on 25.03.2004, he is enjoying the said properties. While so, in the month of January 2022, he came to know that in the encumbrance certificate, it has been mentioned that on 12.03.1992, his father sold the said properties to the 4th respondent vide a document No.120 of 1992. According to him, the registration of the said document is totally illegal and the 4th respondent is attempting to sale the said properties with forged documents. Therefore, he 2/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.15928 of 2023 submitted a representation to the respondents 1 to 3 seeking to conduct an enquiry and cancel the forged sale document No.120 of 1992 dated 12.03.1992. Since there was no action on the said representation, the present writ petition has been filed.
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.
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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 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 4/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.15928 of 2023 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 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 5/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.15928 of 2023 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 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” 6/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.15928 of 2023
5. In view of the above decisions, this writ petition is disposed of 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.
03.07.2023 ogy NCC : Yes / No. Index : Yes / No. Internet : Yes / No. To
1. The Inspector General of Registration, O/o. The Inspector General of Registration, No.100, Santhome High Road, Chennai.
2. The District Registrar (Registration), O/o. The District Registrar, Virudhunagar District.
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ogy
3. The Sub-Registrar, O/o. The Sub-Registrar, Pandalkudi, Virudhunagar District.
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