W.A.No.840 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.09.2022
CORAM :
THE HON'BLE MR.M.DURAISWAMY, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SUNDER MOHAN
W.A.No.840 of 2022
S.C.Chakravarthy .. Appellant
Vs
1.S.Sathish Kumar
2.The Principal Secretary cum Commissioner,
For Rehabilitation and Welfare of Non-Resident Tamils,
State of Tamil Nadu,
Secretariat, Chennai.
3.The District Collector,
Collectorate Building,
Salem District.
4.The Revenue Divisional Officer,
Collectorate Buildings,
Salem.
5.The Tahsildar,
Vazhaadi,
Salem District.
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W.A.No.840 of 2022
6.The District Registrar,
Office of the District Registrar,
Salem.
7.The Sub-Registrar,
Vazhapadi,
Salem District. .. Respondents
Prayer: Appeal under Clause 15 of the Letters Patent against the
order dated 12.01.2022 passed in W.P.No.26928 of 2021.
For the Appellant : Mr.Richardson Wilson
for M/s.P.Wilson Associates
For the Respondents : Mr.N.Umpathi
for respondent No.1
: Mr.P.Muthukumar
State Government Pleader
for respondent Nos.2 to 7
JUDGMENT
(Delivered by the Hon'ble Chief Justice) Challenging the order dated 12.1.2022 passed in W.P.No.26928 of 2021, the seventh respondent in the writ petition has filed the above writ appeal.
2. The first respondent in the appeal filed the writ petition ____________ Page 2 of 7 https://www.mhc.tn.gov.in/judis W.A.No.840 of 2022 seeking issuance of a writ of mandamus directing the third respondent to pass appropriate orders pursuant to the recommendation of the fourth respondent made in proceedings dated 19.5.2018 for initiating action before the sixth respondent for removal of the entries of fraudulent sale deed Document No.3522/2007, dated 26.12.2007 in the encumbrance certificate and proceed in accordance with law.
3. The learned Single Judge taking into consideration the case of both the parties disposed of the writ petition by directing the third respondent, the District Collector, Salem District, to conduct enquiry pursuant to the recommendation made by the fourth respondent.
4. Mr.Richardson Wilson, learned counsel appearing for the appellant, submitted that the third respondent has no jurisdiction to conduct enquiry and interfere with the registration of any document and that the jurisdiction would lie only with the sixth respondent, the District Registrar, Salem. Learned counsel also relied upon the Circular dated 8.11.2017, wherein the District Registrar was given ____________ Page 3 of 7 https://www.mhc.tn.gov.in/judis W.A.No.840 of 2022 powers to cancel the fraudulent registered document. Further, learned counsel also relied upon the subsequent amendment published in the Government Gazette on 16.8.2022, which also reiterated the stand of the government in the circular dated 8.11.2017.
5. Mr.N.Umapathi, learned counsel appearing for the first respondent/writ petitioner fairly submitted that it is only the District Registrar who is empowered to cancel a registered document and not the District Collector.
6. In view of the submissions made by learned counsel on either side, we modify the order passed by the learned Single Judge by giving a direction to the sixth respondent, the District Registrar, Office of the District Registrar, Salem, to conduct the enquiry pursuant to the recommendation made by the fourth respondent dated 19.5.2018 for initiating action for removal of entries of fraudulent sale deed Document No.3522 of 2007 in the encumbrance certificate, after issuance of notice and affording an ____________ Page 4 of 7 https://www.mhc.tn.gov.in/judis W.A.No.840 of 2022 opportunity of hearing to the first respondent and all the interested parties, and pass appropriate orders, as expeditiously as possible.
With the aforesaid modification, the writ appeal is disposed of. There will be no order as to costs. Consequently, C.M.P.Nos.5665 and 5667 of 2022 are closed.
(M.D., ACJ.) (S.M., J.)
14.09.2022
Index : No
sasi
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https://www.mhc.tn.gov.in/judis W.A.No.840 of 2022 To:
1.The Principal Secretary cum Commissioner, For Rehabilitation and Welfare of Non-Resident Tamils, State of Tamil Nadu, Secretariat, Chennai.
2.The District Collector, Collectorate Building, Salem District.
3.The Revenue Divisional Officer, Collectorate Buildings, Salem.
4.The Tahsildar, Vazhaadi, Salem District.
5.The District Registrar, Office of the District Registrar, Salem.
6.The Sub-Registrar, Vazhapadi, Salem District.
____________ Page 6 of 7 https://www.mhc.tn.gov.in/judis W.A.No.840 of 2022 THE HON'BLE ACTING CHIEF JUSTICE AND SUNDER MOHAN, J.
(sasi) W.A.No.840 of 2022 14.09.2022 ____________ Page 7 of 7 https://www.mhc.tn.gov.in/judis