Madras High Court
Syed Ibrahim vs The Inspector General Of Registration on 31 August, 2023
Author: B.Pugalendhi
Bench: B.Pugalendhi
W.P(MD)No.21302 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 31.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.21302 of 2023
Syed Ibrahim
Represented by his Power Agent
Amsudeen ... Petitioner
Vs
1.The Inspector General of Registration,
No.100, Santhome High Road,
Manthaivelipakkam,
Raja Annamalaipuram,
Chennai - 600 028.
2.The District Registrar,
District Registrar Office,
Palayamkottai,
Tirunelveli District.
3.The Sub Registrar,
Melapalayam Sub Registrar Office,
Palayamkottai Taluk,
Tirunelveli District.
4.Murugan. M
5. Arumugam. S ...Respondents
1/9
https://www.mhc.tn.gov.in/judis
W.P(MD)No.21302 of 2023
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India, praying this Court to issue a Writ of Mandamus, to issue
direction to the 2nd respondent to pass orders on merits of the
petition filed under Section 77(A) of the Registration Act, 1908
which is pending before him in proceedings NA.KA. No.
5267/Aa4/2023 dated 21.06.2023 within the time frame fixed by this
Court.
For Petitioner : Mr.S.Suresh Kumar
For R1 to R3 : Mr.G.V.Vairam Santhosh
Additional Government Pleader
ORDER
The case of the petitioner is that the property in S.Nos. 252, 253/1A, 253/1B, 253/2A1, 253/2B, 250/1B1, 240/1C2 and 240/9C2, Puthukulam Village, Palayamkottai Taluk, Tirunelveli District belongs to the petitioner and patta also stands in the name of the petitioner. However, the fourth respondent has fraudulently registered a sale agreement of the above properties in favour of the fifth respondent vide Document No.3842/2009 on 18.06.2009. Therefore, the petitioner has submitted a representation to the Chief 2/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.21302 of 2023 Minister's Special Cell on 10.05.2023 to cancel the fraudulent registration. The second respondent/the District Registrar, Palayamkottai has issued a show cause notice to the petitioner and the petitioner has appeared before the second respondent and produced all the relevant documents. Thereafter, there is no progress on the complaint of the petitioner. Hence, the petitioner is before this Court.
2.Mr.G.V.Vairam Santhosh, learned Additional Government Pleader, who takes notice for the official respondents submits that the petitioner has approached this Court to direct the registering authority to consider the application of this petitioner filed under Section 77A of the Registration Act,1908 for cancelling the document, which was registered in the year 2009.
3.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 3/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.21302 of 2023 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.
4.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-
4/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.21302 of 2023 “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 5/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.21302 of 2023 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.”
5.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.6/9
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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.In view of the above decisions, this Court disposes of this writ petition 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 7/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.21302 of 2023 to invoke Section 77A of the Act upon the outcome of the reference made. There shall be no order as to costs.
31.08.2023 NCC :Yes/No Index :Yes/No Internet:Yes vrn To
1.The Inspector General of Registration, No.100, Santhome High Road, Manthaivelipakkam, Raja Annamalaipuram, Chennai - 600 028.
2.The District Registrar, District Registrar Office, Palayamkottai, Tirunelveli District.
3.The Sub Registrar, Melapalayam Sub Registrar Office, Palayamkottai Taluk, Tirunelveli District.8/9
https://www.mhc.tn.gov.in/judis W.P(MD)No.21302 of 2023 B.PUGALENDHI, J.
vrn Order made in W.P(MD)No.21302 of 2023 31.08.2023 9/9 https://www.mhc.tn.gov.in/judis