Madras High Court
S.C.Chakravarthy vs S.Sathish Kumar on 14 September, 2022
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
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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
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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
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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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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.
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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
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