Mr. Tulsi Das Patel vs The Collector
2023 Latest Caselaw 12070 Mad

                                                                                 W.P.No.26320 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 08.09.2023

                                                       CORAM

                            THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                               W.P.No.26320 of 2023
                                         and W.MP.Nos.25725 & 25726 of 2023


                     Mr. Tulsi Das Patel                              ... Petitioner

                                                          Vs.

                     1.The Collector,
                     Collectorate of Chengalpattu District,
                     Chengalpattu District.

                     2. The Revenue Secretary,
                     Land Registration Department,
                     Secretariat, Chennai – 600 009.

                     3. The Inspector General of Registration,
                     No.100, Santhome High Road,
                     Pattinapakkam,
                     Chennai- 600 028.

                     4.The District Registrar,
                     Office of the District Registrar (Management),
                     Chengalpattu District.

                     5.Mr. V.S. Radhakrishnan
                     6.Mrs. Amsavalli                                 ... Respondents




                     Page 1 of 6

https://www.mhc.tn.gov.in/judis
                                                                                      W.P.No.26320 of 2023




                     Prayer: Writ Petition filed under Article 226 of the Constitution of India for
                     issuance of a Writ of Certiorarified Mandamus, to call for the records and to
                     quash the impugned order Ref.No.5686/Aa3/2023 dated 02.08.2023 along
                     with the complaint pending on the file of the 4th respondent and consequently
                     directing the respondents not to entertain further in the Civil Jurisdictional
                     matters except in due process of law.


                                        For Petitioner          : Mr. C. Kanagaraju

                                        For Respondents 1 to 4 : Mr. T. Venkatesh Kumar,
                                                                 Special Government Pleader

                                                           ORDER

The enquiry notice issued by the District Collector under section 77A

of the Registration Act is sought to be quashed in the present writ petition.

2. The respondents 5 and 6 made a complaint to cancel the documents

registered during the years 1966, 1982, 1983, 1988, 2002, 2008, 2012, 2020

etc. On receipt of the complaint, the District Registrar issued an enquiry

notice to the petitioner to conduct an enquiry.

3. The learned counsel for the petitioner mainly contended that the

https://www.mhc.tn.gov.in/judis W.P.No.26320 of 2023

amended section 77A of the Registration Act cannot have retrospective

application so as to cancel the documents registered long years back. The

amendment was made with prospective effect and therefore, the documents

registered prior to the amendment of section 77A of the Act cannot be

cancelled by the District Registrar, now after a lapse of several decades.

4. All such grounds may be placed before the District Registrar along

with the judgments passed by this Court and the Supreme Court of India for

the purpose of considering the issues and to take a decision. Contrarily a

litigant cannot approach High Court, based on the enquiry notice issued.

Once an enquiry notice has been issued , the person who received such notice

has to participate in the process of enquiry to defend his case in the manner

known to law. It is for the authorities to consider all the grounds including

the legal grounds raised by the petitioner and pass appropriate orders on

merits and in accordance with law.

5. No writ against an enquiry notice is entertainable, unless such notice

has been issued by an incompetent authority having no jurisdiction or tainted

with the allegations of malafides.

https://www.mhc.tn.gov.in/judis W.P.No.26320 of 2023

6. The learned counsel for the petitioner brought to the notice of this

court that a similar complaint in respect of the same documents were filed

before the District Registrar, Chengalpet on 17.04.2023.

7. If the complaints filed and the documents questioned are one and the

same, a common enquiry can be conducted for the purpose of taking a

decision and pass orders. In view of the facts and circumstances, the

petitioner is at liberty to submit his defence statement along with the

documents and the legal grounds and judgments if any for defending his case.

8. With these observations, the writ petition stands dismissed. No

costs. Consequently, connected miscellaneous petitions are closed.

08.09.2023

nl

Index : Yes Speaking order Neutral Citation : Yes

https://www.mhc.tn.gov.in/judis W.P.No.26320 of 2023

To

1.The Collector, Collectorate of Chengalpattu District, Chengalpattu District.

2. The Revenue Secretary, Land Registration Department, Secretariat, Chennai – 600 009.

3. The Inspector General of Registration, No.100, Santhome High Road, Pattinapakkam, Chennai- 600 028.

4.The District Registrar, Office of the District Registrar, Chengalpattu District.

https://www.mhc.tn.gov.in/judis W.P.No.26320 of 2023

S.M.SUBRAMANIAM, J.

nl

W.P.No.26320 of 2023 and W.MP.Nos.25725 & 25726 of 2023

08.09.2023

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