Thaika Ahmed Nabeel Heedu Ibrahim ... vs The District Registrar
2021 Latest Caselaw 17890 Mad

                                                                            W.P(MD)No.15429 of 2021


                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 01.09.2021

                                                         CORAM

                   THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

                                              W.P(MD)No.15429 of 2021
                                                        and
                                             W.M.P.(MD).No.12336 of 2021



                Thaika Ahmed Nabeel Heedu Ibrahim @ Nubail Thaikka         ... Petitioner

                                                            Vs.

                1.The District Registrar,
                  District Registrar Office,
                  Ramanathapuram District.

                2.Inspector General of Registration,
                  120, Santhome High Road,
                  Chennai-28.                                                   ... Respondents

                Prayer : Writ Petition filed under Article 226 of the Constitution of India,
                praying this Court to issue a Writ of Certiorari, calling for the records
                culminated in the first respondent's impugned summons for enquiry in
                Ref.Na.Ka.662/A1/2021, dated 25.06.2021 and quash the same as illegal.


                                   For Petitioner     : Mr.R.Prabhakaran
                                   For Respondents : Mr.P.Subbaraj,
                                                       Counsel for State



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https://www.mhc.tn.gov.in/judis/
                                                                                    W.P(MD)No.15429 of 2021


                                                        ORDER

The petitioner challenges an inquiry notice dated 25.06.2021 from

the first respondent herein.

2. The petitioner traces title to the relevant property through a gift

deed executed by Syed Ameena Beevi in favour of the petitioner. According to

the petitioner, a suit was filed by the said Syed Ameena Beevi against the

complainant before the first respondent and such suit was dismissed on

29.06.2016. The appeal suit filed against the judgment and decree was allowed

and a decree for recovery of possession of the property was issued on

22.06.2020. It is also stated that a Second Appeal was filed against the

judgment and decree in the appeal suit and that such Second Appeal is currently

at the admission stage before this Court. In these circumstances, the impugned

notice dated 25.06.2021 was issued by the first respondent calling upon the

petitioner and others to appear at an inquiry on 09.08.2021. The said inquiry

notice and the proceedings relating thereto are challenged herein.

3. Mr.P.Subbaraj, learned counsel for the State, accepts notice on

behalf of both the respondents. He submits that the petitioner has challenged an

inquiry notice instead of participating at such inquiry and providing the

necessary explanation or raising objections to such inquiry.

https://www.mhc.tn.gov.in/judis/ W.P(MD)No.15429 of 2021

4. The main contention of the petitioner is that registration

authorities do not have the power to cancel registered documents or to

adjudicate on disputed questions of title. In the case at hand, the petitioner

contends that he has succeeded in the appeal suit and that, therefore, the inquiry

notice is without jurisdiction.

5. Without doubt, at this juncture, registration authorities do not

have the power to cancel a registered document. Nonetheless, such authority

has the power to inquire into whether impersonation, forgery or other

irregularities occurred in course of registration. To that extent, it cannot be

said that the inquiry notice and the proceedings in relation thereto have been

initiated ex facie without jurisdiction. Therefore, it is always open to the

petitioner to participate at the inquiry and raise objections with regard to the

scope of inquiry or matters incidental thereto.

6. For the reasons stated above, W.P.(MD).No.15429 of 2021 is

disposed of on these terms without any order as to costs. However, it will be

open to the petitioner to participate at the inquiry, provide an explanation or

raise objections in relation thereto. The first respondent is directed to conclude

such inquiry within a period of three (3) months from the date of receipt of a

https://www.mhc.tn.gov.in/judis/ W.P(MD)No.15429 of 2021

copy of this order after providing a reasonable opportunity to all the parties to

such inquiry. There will be no order as to costs. Consequently, connected

W.M.P.(MD).No.12336 of 2021 is closed.

                                                                            01.09.2021

                Index              : Yes / No
                Internet           : Yes/ No
                tsg





https://www.mhc.tn.gov.in/judis/
                                                                                    W.P(MD)No.15429 of 2021

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1.The District Registrar, District Registrar Office, Ramanathapuram District.

2.The Inspector General of Registration, 120, Santhome High Road, Chennai-28.

https://www.mhc.tn.gov.in/judis/ W.P(MD)No.15429 of 2021

SENTHILKUMAR RAMAMOORTHY, J.

tsg

W.P(MD)No.15429 of 2021

01.09.2021

https://www.mhc.tn.gov.in/judis/