Madras High Court
M.Murugesan vs The National Commission For ... on 11 July, 2023
WP No.18559 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11-07-2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
WP No.18559 of 2023
And
WMP No.17797 of 2023
M.Murugesan ... Petitioner
Vs.
1.The National Commission for Scheduled Castes,
5th Floor, Loknayak Bhawan,
Khan Market,
New Delhi-110 003.
2.The Inspector General of Registration,
No.100, Santhome High Road,
Chennai-600 028.
3.The Deputy Inspector General of Registration,
Salem.
4.The District Registrar,
Krishnagiri,
Krishnagiri District.
5.The Joint Sub Registrar No.2,
Krishnagiri,
Krisnagiri District.
Page 1 of 10
https://www.mhc.tn.gov.in/judis
WP No.18559 of 2023
6.K.Srinivasan ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Certiorarified Mandamus, calling for the records
pertaining to the impugned proceeding on the file of the first respondent in
File No.24/11/Misc/TN/2022/ESDW dated 23.09.2022 and quash the same
and consequently direct the fifth respondent to return the document
registered as Document No.1825/2022 dated 22.04.2022 to petitioner.
For Petitioner : Mr.V.Prakash, Senior Counsel for
Mr.T.Arockia Dass for
M/s.Dass and Viswa Associates.
For Respondent-1 : Mr.A.R.Sakthivel,
Senior Panel Counsel.
For Respondents-2 to 5 : Mr.D.Ravichander,
Special Government Pleader.
ORDER
The writ on hand has been instituted questioning the validity of
the order passed by the first respondent in proceedings dated 23.09.2022.
2. The petitioner states that he purchased the property in Plot
Nos.7 and 8, Sri Kamakshi Amman Layout, Payanapalli Village, Krishnagiri
https://www.mhc.tn.gov.in/judis
WP No.18559 of 2023
Taluk and District vide Sale Deed in Document No.1825/2022 dated
22.04.2022 on the file of the fifth respondent after paid entire sale
consideration to his vendor and he is in possession and enjoyment of the
subject property.
3. The petitioner received notice under Section 27 of the Stamp
Act saying that the value of the property indicated in the document is lesser.
Thus the firth respondent asked the petitioner to pay the deficit stamp duty
to an amount of Rs.9,84,360/- vide communication dated 29.06.2022. The
petitioner paid the entire deficit stamp duty and it was accepted as endorsed
by the Joint Sub Registrar vide Receipt dated 16.09.2022.
4. The learned Senior Counsel appearing on behalf of the writ
petitioner made a submission that the petitioner is entitled to receive the
document from the Registering Authority. However, the Registering
Authority has failed to return the document on the ground that they have
received notice from the National Commission for Scheduled Castes vide
proceeding dated 2.09.2022.
https://www.mhc.tn.gov.in/judis
WP No.18559 of 2023
5. The proceedings of the National Commission for Scheduled
Castes indicate that the Commission recommends to the Registration
Department Officials that the original Sale Deed has not been handed over
to the buyer till the case is in progress and under investigation. The
compliance report in this regard shall be submitted to the Commission.
6. With reference to the recommendations made by the
National Commission for Scheduled Castes, the learned Senior Counsel for
the petitioner relied on the judgment in the case All India Indian Overseas
Bank SC and ST Employees' Welfare Association vs. Union of India
[(1996) 6 SCC 606], wherein the Hon'ble Supreme Court of India in
paragraph-10 held as under:-
“10. Interestingly, here, in clause (8) of
Article 338, the words used are “the Commission
shall … have all the powers of the Civil Court
trying a suit”. But the words “all the powers of a
Civil Court” have to be exercised “while
investigating any matter referred to in sub-clause
(a) or inquiring into any complaint referred to in
sub-clause (b) of clause 5”. All the procedural
https://www.mhc.tn.gov.in/judis
WP No.18559 of 2023
powers of a civil court are given to the
Commission for the purpose of investigating and
inquiring into these matters and that too for that
limited purpose only. The powers of a civil court of
granting injunctions, temporary or permanent, do
not inhere in the Commission nor can such a
power be inferred or derived from a reading of
clause (8) of Article 338 of the Constitution.”
7. Relying on the judgment, cited supra, the learned Senior
Counsel appearing on behalf of the petitioner contended that the document
registered cannot be withhold by the Registering Authority and more-so, the
petitioner has already paid the deficit stamp duty sought for by the
Authorities concerned. Thus the order impugned to the extent of
recommendation made to the Registration Department otherwise not to hand
over the said document is to be quashed.
8. The learned Senior Panel Counsel appearing on behalf of the
first respondent raised an objection that the National Commission for
Scheduled Castes, is empowered to conduct an enquiry into the allegations
raised within the purview of the SC and ST Act. It is the recommendation
https://www.mhc.tn.gov.in/judis
WP No.18559 of 2023
made to be implemented during the pendency of the enquiry to be
conducted. With this, there is no infirmity as such.
9. No doubt, the National Commission for Scheduled Castes is
empowered to conduct an enquiry into the allegations raised by the
aggrieved persons. While doing so, they are not empowered to recommend
to defeat the provisions of Registration Act, 1908 and to impound the
document, which is otherwise registered by following the procedures.
10. In the present case, the document presented by the writ
petitioner had been registered and the stamp duty also has been paid. Under
Section 61(2) of the Registration Act, 1908, the Registering Authority is
bound to return the document on completion of registration and therefore,
recommendations made by the National Commission for Scheduled Castes,
is running counter to the provisions of the Registration Act, 1908 and thus
cannot be implemented.
11. More-so, the National Commission for Scheduled Castes
has given its recommendations, which cannot be construed as an order
https://www.mhc.tn.gov.in/judis
WP No.18559 of 2023
affecting the rights of the parties, which is otherwise conferred under the
provisions of the Registration Act, 1908. Thus the order impugned to an
extent of recommending the Registration Department Officials not to hand
over the original Sale Deed registered is perverse and running counter to
Section 61(2) of the Registration Act, 1908.
12. In respect of other allegations, if any raised, the National
Commission for Scheduled Castes has to adjudicate on merits and in
accordance with law.
13. In view of the facts and circumstances, the
recommendations of the National Commission for Scheduled Castes to the
Registration Department Officials that the original Sale Deed need not be
handed over to the buyer stands quashed and the fifth respondent-
Registering Authority is directed to return the document, which was already
registered to the petitioner, within a period of two weeks from the date of
receipt of a copy of this order and by following the procedures.
https://www.mhc.tn.gov.in/judis
WP No.18559 of 2023
14. With the above directions, the writ petition stands allowed.
However, there shall be no order as to costs. Consequently, the connected
miscellaneous petition is closed.
11-07-2023
Index : Yes/No
Internet: Yes/No
Speaking order/Non-Speaking order
Neutral Citation : Yes/No
Svn
To
1.The National Commission for Scheduled Castes,
5th Floor, Loknayak Bhawan,
Khan Market,
New Delhi-110 003.
2.The Inspector General of Registration,
No.100, Santhome High Road,
Chennai-600 028.
3.The Deputy Inspector General of Registration,
Salem.
4.The District Registrar,
Krishnagiri,
Krishnagiri District.
https://www.mhc.tn.gov.in/judis
WP No.18559 of 2023
5.The Joint Sub Registrar No.2,
Krishnagiri,
Krisnagiri District.
https://www.mhc.tn.gov.in/judis
WP No.18559 of 2023
S.M.SUBRAMANIAM, J.
Svn
WP 18559 of 2023
11-07-2023
https://www.mhc.tn.gov.in/judis
