Mr.S.Bikamchand Jain vs The District Registrar ...
2023 Latest Caselaw 12229 Mad

                                                                                     W.P.No.26456 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 11.09.2023

                                                         CORAM

                                  THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                                 W.P.No.26456 of 2023
                                                         and
                                                W.M.P.No.25864 of 2023

                     1.Mr.S.Bikamchand Jain

                     2.Mr.Sumith Jain

                     3.Mrs.Sarojkanwar                                           ...Petitioners

                                                            Vs

                     1.The District Registrar (Administration),
                       Office of the District Registrar,
                       Thiruvannamalai Road,
                       Krishnagiri Town,
                       Krishnagiri District.

                     2.Duraisam                                                  ...Respondents



                     Prayer: Writ Petition filed under Article 226 of the Constitution of India for
                     issuance of a Writ of Certiorari, calling for the records of the 1st respondent in
                     Proceedings No.Na.Ka.No.8589/U/2022 dated 26.12.2022 and quash the
                     notice.




                     Page 1 of 6

https://www.mhc.tn.gov.in/judis
                                                                                          W.P.No.26456 of 2023

                                        For Petitioners           : Mr.T.M.Hariharan
                                                                    for Mr.G.M.Ananthakumar.

                                        For R1                    : Mr.T.Arunkumar,
                                                                    Additional Government Pleader.

                                                              ORDER

The enquiry notice issued by the District Registrar in proceedings

dated 26.12.2022 is sought to be quashed in the present writ petition.

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

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

with the allegations of malafides.

3. In the present case, the learned counsel for the petitioner mainly

contented that Section 77-A of the Registration Act cannot be applied

retrospectively for the purpose of cancelling the documents registered prior

to the amendments and in this regard, this Court also delivered Judgments.

Relying on the Judgments, the learned counsel for the petitioner states that

the District Registrar ought not to have entertained any application from the

2nd respondent.

https://www.mhc.tn.gov.in/judis W.P.No.26456 of 2023

4. Nipping at the bud, if at all the circumstance is not desirable, the

authority competent must be allowed to exercise his powers in the manner

contemplated under the Act. It is not as if the enquiry notice must be quashed

merely on one ground or other. The original authority must be provided an

opportunity to adjudicate the issues raised between the parties for the purpose

of forming a final opinion. The parties are at liberty to place the Judgments,

provisions of the Act, defence statements, documents etc., for effective

adjudication of the issues. Contrarily, the High Court cannot conduct a

roving enquiry in respect of all such disputes between the parties under

Article 226 of the Constitution of India. Thus, the quasi judicial authorities

under the statute must be allowed to exercise their powers in the manner

contemplated under the Act. Intermittent interventions at the initial stage

would cause prejudice to either of the parties to put forth their case based on

the documents and evidences available on record. This exactly is the reason

why the Courts are declining to entertain writ petitions against the show

cause notices/enquiry notices.

5. By relying on the ratio laid down by the High Court or the Supreme

Court in one Judgment, an enquiry notice or show cause notice cannot be

https://www.mhc.tn.gov.in/judis W.P.No.26456 of 2023

quashed. Adjudication of all disputed issues by the original Authority is of

paramount importance and in the event of quashing such proceedings in one

ground, it will lead to multiplicity of proceedings, since the aggrieved party

would again file a petition in respect of other grounds raised in his complaint

or otherwise.

6. Therefore, the parties are at liberty to participate in the process of

enquiry, place their defence statements, documents and Judgments, if any,

enabling the authority to adjudicate the issues and pass orders on merits and

in accordance with law.

7. Accordingly, the Writ Petition stands dismissed. No costs.

Consequently, connected miscellaneous petition is closed.

11.09.2023 Index:Yes/ Speaking order Neutral Citation:Yes/No veda/hvk

https://www.mhc.tn.gov.in/judis W.P.No.26456 of 2023

To

The District Registrar (Administration), Office of the District Registrar, Thiruvannamalai Road, Krishnagiri Town, Krishnagiri District.

https://www.mhc.tn.gov.in/judis W.P.No.26456 of 2023

S.M.SUBRAMANIAM,J.

hvk

W.P.No.26456 of 2023

11.09.2023

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