S.Vasu vs The District Collector
2023 Latest Caselaw 6052 Mad

                                                                           W.P.No.17369 of 2023

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 13.06.2023

                                                        CORAM

                              THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                                  W.P.No.17369 of 2023

                     S.Vasu                                              ... Petitioner

                                                          Vs.

                     1. The District Collector,
                        Collectorate,
                        Thiruvallur – 602 001.

                     2. District Revenue Officer,
                        Collectorate,
                        Thiruvallur – 602 001.

                     3. The Revenue Divisional Officer,
                        Ponneri,
                        Railway Station Road, NGO Nagar Extn,
                        Ponneri – 601 204,
                        Thiruvallur District.

                     4. The Tahsildar, Gummidipoondi,
                        Taluk Office, Kayalarmedu,
                        Gummidipoondi,
                        Chennai – 601 201.

                     5. M/s. Hindustan Petroleum Corporation Limited,
                        Petro Bhavan, No-82, TTK Road,
                        Alwarpet, Chennai – 600 018.

                     6. E.Jayaraman                                      ... Respondents


                     Page 1 of 10
https://www.mhc.tn.gov.in/judis
                                                                                       W.P.No.17369 of 2023

                     Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
                     to issue Writ of Certiorarified Mandamus, calling for the records of the
                     2nd respondent herein in Na.Ka.No.1522/2022/A2 dated 13.04.2022 and
                     quash the same and to direct the 2nd respondent to hear the matter afresh and
                     consequently direct the respondents 1 to 4 to issue patta in the name of
                     Petitioner's applications dated 11.02.2019, 22.03.2021.
                                        For Petitioner           : Mr. S.Haja Mohideen Gisthi

                                        For Respondents          : Mr. T.Arunkumar,
                                                                   Additional Government Pleader
                                                                   (R1 to R4)

                                                           ORDER

The order dated 13.04.2022 passed by the 2nd respondent / District

Revenue Officer, Thiruvallur, rejecting the appeal filed by the petitioner for

grant of patta is under challenge in the present writ petition.

2. The petitioner states that he is the absolute owner of the subject

property described in the writ proceedings. The petitioner is a retired bank

employee and a senior citizen.

3. The grievances of the writ petitioner is that the contesting

6th respondent is attempting to grab the property belonging to the petitioner

by registering forged documents. The petitioner filed writ petition in this

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regard at the first instance in W.P.No.8711 of 2020 and this Court passed

orders on 01.07.2020, directing the authorities to conduct an enquiry and

pass appropriate orders on merits and in accordance with law in respect of

the representation submitted by the writ petitioner.

4. The learned counsel for the petitioner reiterated that the District

Registrar under the Registration Act, 1908, had conducted an enquiry and

found that the documents challenged by the petitioner is a forged document

and based on the orders of the District Registrar, the writ petitioner has filed

another writ petition in W.P.No.14015 of 2020 and a final order has been

passed by this Court on 06.10.2022, directing the 3rd and 4th respondents

therein to make appropriate entries in the Encumbrance Certificate with

respect of the subject property within a period of 4 weeks.

5. Pursuant to the directions, entries were also made. However, the

petitioner filed another writ petition in W.P.No.19903 of 2021, seeking the

relief of direction to consider and take action as required on the

representation dated 19.07.2021. This Court passed an order directing the

authorities to conduct an enquiry after affording opportunity to the parties

and pass appropriate orders.

https://www.mhc.tn.gov.in/judis W.P.No.17369 of 2023

6. Orders were passed in respect of the patta proceedings initiated by

the original authority and the appellate order has been passed by the District

Revenue Officer, Thiruvallur. The said appellate order is under challenge in

the present writ petition.

7. The facts elaborately narrated by the petitioner deserve no merit

consideration as the High Court cannot conduct a roving enquiry in respect

of the title or ownership of the subject property, so also the authorities

competent either under the Registration Act or under the Tamil Nadu Patta

Passbook Act, 1983 are empowered to conduct adjudication of disputing

issues regarding the title, ownership or possession etc., The scope of the

administrative actions under the provisions of the Registration Act and the

Tamil Nadu Patta Passbook Act, 1983 cannot be expanded for the purpose

of adjudication of title, ownership or other civil rights. All such rights are to

be adjudicated and determined by the competent Civil Court of law and

certainly not by the competent authorities under the special enactments. The

authorities under the Registration Act or the Tamil Nadu Patta Passbook

Act, 1983 are conducting summary proceedings. Therefore, any attempt by

any person to confirm the title or ownership through such authorities are

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impermissible and the authorities are expected not to venture into such

adjudications raised between the parties.

8. The power of cancellation conferred under the Registration Act is

for a limited purpose. If any document has been presented and registered

fraudulently or through impersonation, then alone such documents can be

cancelled by following the summary proceedings. During the course of

conducting summary proceedings, the District Registrar is not empowered

to adjudicate the title dispute between the parties. Fraud or impersonation

must be apparent on record. Once the fraud and impersonation is identified

apparently, then alone the authorities have to record the reasons and cancel

the document and in all other cases regarding adjudication of various

documents and evidences, the authorities are bound to relegate the parties to

Civil Court for trial. Therefore, a distinction is to be drawn regarding the

administrative powers conferred under the Registration Act and the

Tamilnadu Patta Passbook Act, 1983 and in dealing with the fraudulent

activities of the persons. Therefore, an aggrieved person is empowered to

prosecute the offenders. Thus, the administrative action, criminal

prosecution and establishing civil rights are distinguishable and a person

aggrieved from and out of any fraudulent activity or impersonation, can

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institute prosecution against such persons under the criminal law, he can file

a Civil Suit to establish his right and administrative action can be initiated

by approaching the competent authority. These Threefold actions available

to an aggrieved person is to be exercised within the sphere of the statute and

the rules in force and therefore, there cannot be any overlapping in exercise

of powers by any one of the authorities.

9. Thus, the scope of cancellation of a registered document by the

District Registrar is confined only with reference to the provisions of the

Registration Act, wherein summary proceedings are permissible. Mere

cancellation of any registered document by the District Registrar on the

ground of fraud or impersonation would not preclude a person from

establishing his civil right before the Civil Court of law. Therefore,

cancellation of document by the District Registrar is the final relief for a

person. It may be used as a corroborative document for the purpose of

establishing the civil rights.

10. The above position has been reiterated by the Apex Court of India

in the case of Asset Reconstruction Co. (India) Ltd. -vs- S.P. Velayutham

in [(2022) 8 SCC 210] in para 58 of the judgment, which reads as follows:-

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“ 58. It must be noted that when a High Court, in exercise of

its jurisdiction under Article 226 finds that there was utter

failure on the part of the registering authority to stick to the

mandate of law, the Court merely cancels the act of

registration, but does not declare the very execution of the

document to be null and void. A declaration that a document

is null and void, is exclusively within the domain of the civil

court, but it does not mean that the High Court cannot

examine the question whether or not the registering authority

performed his statutory duties in the manner prescribed by

law.”

11. Therefore, the threefold action available to an aggrieved person

under the relevant statutes of criminal law and civil law are to be exercised

independently. Mere cancellation of a registered document would not confer

any title on the person. It is only an administrative action to cancel the

document or to cancel the revenue records and mere cancellation of a

registered document or grant of patta would not confer any right on the

parties to claim title or ownership. Ultimately, the competent Civil Court of

law is the final authority to declare a document as null and void or to

declare the title or ownership regarding the properties.

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12. In the present case, the order impugned itself reveals that the

parties have already instituted O.S.No.46 of 2022 on file of the Principal

Sub-Court, Ponneri, Thiruvallur District. The District Revenue Officer has

stated that during the pendency of the Suit, the revenue authorities are

incompetent to issue any patta, cancel the patta or otherwise. The Tamilnadu

Passbook Act, 1987 also enumerates that in the event of institution of Civil

Suits, revenue authorities have to wait till such time the disputes are

resolved between the parties through the competent Court of law. Only after

passing of the decree, either of the parties has to approach the revenue

authorities for effecting necessary changes in the revenue records. This

being the principles, the petitioner is at liberty to defend the suit already

instituted in O.S.No.46 of 2022 and only after reaching finality in the civil

proceedings, the parties have to approach the competent authority under the

Registration Act or under the Tamilnadu Passbook Act or otherwise.

13. The learned counsel for the petitioner made a submission that it is

a collusive Suit instituted with some false allegations. That being the stand,

it is left open to the parties to file an Interlocutory Application for rejection

of plaint or otherwise in the manner contemplated under the Code of Civil

Procedure.

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14. With these observations, the writ petition in W.P.No.17369 of

2023 stands dismissed.

13.06.2023 skr Index : Yes Speaking order Neutral Citation : Yes

To

1. The District Collector, Collectorate, Thiruvallur – 602 001.

2. District Revenue Officer, Collectorate, Thiruvallur – 602 001.

3. The Revenue Divisional Officer, Ponneri, Railway Station Road, NGO Nagar Extn, Ponneri – 601 204, Thiruvallur District.

4. The Tahsildar, Gummidipoondi, Taluk Office, Kayalarmedu, Gummidipoondi, Chennai – 601 201.

5. M/s. Hindustan Petroleum Corporation Limited, Petro Bhavan, No-82, TTK Road, Alwarpet, Chennai – 600 018.

https://www.mhc.tn.gov.in/judis W.P.No.17369 of 2023

S.M.SUBRAMANIAM, J.

skr

W.P.No.17369 of 2023

13.06.2023

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