Madras High Court
G.Rajasulochana vs The Inspector General Of Registration on 28 April, 2023
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.P.No.13167 of 2023
2IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2023
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
W.P.No.13167 of 2023
and
W.M.P.No.12914 of 2023
G.Rajasulochana ...Petitioner
-Vs-
1. The Inspector General of Registration,
No.100, Santhome High Road,
Chennai-600 028.
2. The District Registrar,
Sankaranaidu Street,
Thirupathiripuliyur,
Cuddalore 607 002.
3. The Sub Registrar,
Sub Registrar Office Joint-II,
Cuddalore District.
4. R.Radhakrishnan
5. R.V.Senthil
6. S.Krishnamoorthy
7. S.Priya Devi
...Respondents
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W.P.No.13167 of 2023
Prayer:- Writ petition filed under Article 228 of the Constitution of India
praying for issuance of a writ of Mandamus directing the 2nd respondent
to conduct an enquiry and cancel the fraudulent document registered in
document No. 1346/2023 dated 13.3.2023 in favour of 4th to 6th
respondents and document No.1707 / 2023 dated 31.3.2023 in favour of
7th respondent before Sub Registrar Office Joint-II Cuddalore.
For Petitioner : Ms.T.Sreelekha
For Respondents :
(for R1 to R3) : Mr.Abishek Murthy, Govt.Advocate
ORDER
The petitioner filed an application before the second respondent on 17.04.2023, for cancelling the fraudulent sale deed registered in document No.1346/23, dated 13.03.2023 in favour of fourth to sixth respondents and document No.1707/2023 dated 31.03.2023 in favour of seventh respondent before Sub Registrar Office Joint-II Cuddalore
2.The application was submitted by the petitioner on 17.04.2023 to the second respondent and therefore, the petitioner is expected to wait for a reasonable period of time, enabling the competent authority to conduct an https://www.mhc.tn.gov.in/judis 2/12 W.P.No.13167 of 2023 inquiry and pass appropriate orders. The public authorities are duty bound to perform several public duties and one of their duties is to deal with the applications/appeals filed by the aggrieved persons and dispose of the same by following the procedures as contemplated under the statute or rules in force. Filing an application/appeal before the competent authority and immediately filing a writ petition before the High Court cannot be considered as a good practice nor can be encouraged by the High Courts. The authorities competent, who are empowered to deal with the applications/appeals by conducting an inquiry, must be afforded with reasonable time enabling them to deal with the issues.
3.In the present case, the petitioner states that fraudulent sale deeds were registered. Therefore, summons/notices have to be issued to the parties concerned and an inquiry is to be conducted by affording opportunity to all the parties. Such inquiries are to be conducted in compliance with the Rules of Natural Justice. Thus, the authorities require time to exercise the powers diligently and by following the procedures as contemplated.
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4.Entertaining such writ petitions, filed immediately after filing an application or appeal and issuing a direction to dispose of such application/appeal within a specified period, would result in infringement of the rights of all other persons, who are having interest over the issues. That apart, number of aggrieved persons would have already filed application/appeal before such competent authorities, which may be pending for long time. Under those circumstances, if the persons who are able to approach the High Court alone are given preference in the matter of disposal of applications/appeals by the competent authorities, then the situation would result in discrimination amongst the same class of people. When several applications/appeals are pending before the authorities for disposal and few persons approach the High Court soon after filing of the application/ appeal for securing a direction to dispose of the same, if it is secured, undoubtedly would cause infringement of right of other similarly placed persons, who all are waiting for disposal of their applications/ appeals by the competent authorities. Equal opportunity being a constitutional mandate, the authorities are bound to follow the procedures scrupulously for disposing of the applications/ appeals. They are expected to deal with the applications and the appeals in a consistent manner and without causing any discrimination amongst similarly placed persons. https://www.mhc.tn.gov.in/judis 4/12 W.P.No.13167 of 2023 Right to Equality being a Fundamental Right, such directions issued by the High Court without ascertaining the entire facts and circumstances of the case would pave way for corrupt practices in Government Departments. In the absence of any system to deal with the applications/appeals, there is a possibility of exercise of powers on extraneous considerations or by way of preference or through favouritism.
5.Thus, a definite administrative system / scheme is imminent to deal with such applications/appeals. The administrative principles require a procedure to be followed, which must be non-discriminatory and consistent. High Court, issuing direction without adjudication of issues on merits in a routine manner, would also result in discrimination amongst the similarly placed persons, who all are waiting for disposal of their respective applications/appeals pending before the competent authorities. Based on such directions to dispose of the appeals, there is a possibility of abuse of the orders of the High Court, which would also provide chances for corrupt practices in the Government Departments.
6.Undoubtedly, certain applications/appeals require preference on account of certain urgency. Such applications/appeals are to be disposed of https://www.mhc.tn.gov.in/judis 5/12 W.P.No.13167 of 2023 by giving priority and by recording reasons for such urgency. Preference may be given to the senior citizens considering the issues involved. Thus, preference for urgent disposal of applications/appeals may be given by the competent authorities by considering the nature of urgency and by recording reasons. In normal circumstances, the competent authorities are bound to maintain register for following seniority of applications/ appeals and accordingly, dispose of the same by conducting inquiry by following the procedures as contemplated under the statute or rules in force. Therefore, speedy disposal of applications / appeals may be done in exceptional cases, where there is a genuine urgency and by recording reasons. If the authorities are granted un-guided power to deal with the applications and appeals, it will lead to discrimination, inequality and corrupt practices.
7.Framing administrative guidelines in this regard is absolutely essential for the purpose of upholding the constitutional mandate. Equal opportunity, being a Fundamental Right, the formation of procedure for dealing with applications/ appeals becomes a constitutional mandate. Discrimination in any form would lead to unconstitutionality. It is a Fundamental Right of every citizen to redress their grievances in the https://www.mhc.tn.gov.in/judis 6/12 W.P.No.13167 of 2023 manner known to law. It includes prescription of a definite procedure to deal with the applications/ appeals by the competent authorities. High Court cannot pave way for such discriminations, inconsistency or corrupt practices by issuing a direction in a routine manner to consider the representation without noting the fact regarding the long pendency of applications/appeals before such competent authorities in respect of other persons who all are not before the court of law. Those particulars are required to be furnished for the purpose of considering the cases even for issuing a direction to dispose of the applications/appeals.
8.Issuing a general direction to dispose of the representation would do no service to the cause of justice. Few litigants with ill-motive are obtaining such directions for the purpose of creating files in order to achieve their goals in an indirect manner. This will result in adverse consequences and therefore, even for issuing a direction to consider the representation, the persons approaching the High Court should establish their right or infringement of their right.
9.In the present case, the petitioner has submitted the appeal on 17.04.2023 to the second respondent and within a period of 10 days from https://www.mhc.tn.gov.in/judis 7/12 W.P.No.13167 of 2023 the date of filing of the appeal, the petitioner has filed the present writ petition. Such practice of filing a writ petition before the High Court under Article 226 of the Constitution of India, if encouraged, would lead to an anomalous situation in the Government Departments. Authorities must be given a reasonable period of time to take action and to deal with the appeals. The persons aggrieved have to approach the authorities at the first instance and place the reason of urgency or otherwise before the authorities, enabling them to consider the issues. Contrarily, a routine direction, if issued by the High Court, would cause discrimination in respect of the persons who have not approached the High Court and are waiting for disposal of their applications/appeals by the competent authorities.
10.In this context, respondents 1 and 2 are bound to maintain Appeal Register and all the applications/appeals, filed in the prescribed format, are to be registered, serial numbers are to be assigned and the same are to be informed to the applicants/appellants concerned. In the event of any emergency, the parties may be permitted to file an application setting out the emergent circumstances. If the reason for urgency is genuine, the authorities may give preference in disposing of the applications/ appeals https://www.mhc.tn.gov.in/judis 8/12 W.P.No.13167 of 2023 but not otherwise. In normal circumstances, the appeals are to be decided based on the registration number and by conducting an inquiry in the manner contemplated under the statute and rules in force.
11.The Inspector General of Registration/ first respondent is directed to ensure that the applications/appeals received by the Sub-Registrars, District Registrars and the competent authorities are registered in an Appeal Register and all such applications are disposed of in a systematic manner by affording opportunity to all the parties and by conducting an inquiry as contemplated. Priority can be given to the applications/appeals if genuine reason for urgency has been established, which is to be recorded. If any authority, unnecessarily overlooking the seniority for deciding the applications/appeals, have to be dealt with in accordance with the service rules in force. Any favouritism, nepotism or corrupt practice while dealing with such applications/appeals at no circumstances be tolerated by the Head of the Departments and the Government. In the event of any lapses, negligence or dereliction of duty, disciplinary proceedings have to be initiated against the authorities who all are responsible for such misconduct.
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12.In this regard, the Inspector General of Registration is directed to issue a comprehensive circular to all the competent authorities across the State of Tamil Nadu setting out the procedures for dealing with the applications/appeals and ensure that such guidelines to be issued by the first respondent be scrupulously followed. The said exercise is directed to be done on or before 12.06.2023.
13.With the above directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
14. List the matter under the caption “For Reporting Compliance", on 13.06.2023.
(sha) 28.04.2023
Index : Yes
Speaking Order
Neutral Citation : Yes
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W.P.No.13167 of 2023
To
1. The Inspector General of Registration,
No.100, Santhome High Road,
Chennai-600 028.
2. The District Registrar,
Sankaranaidu Street,
Thirupathiripuliyur,
Cuddalore 607 002.
3. The Sub Registrar,
Sub Registrar Office Joint-II,
Cuddalore District.
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W.P.No.13167 of 2023
S.M.SUBRAMANIAM. J.,
(sha)
W.P.No.13167 of 2023
28.04.2023
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