Mr.Tulsi Das Patel vs The Collector
2023 Latest Caselaw 12230 Mad

                                                                            W.P.No.26512 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.26512 of 2023
                                                        and
                                               W.M.P.No.25918 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.Mr.Amsavalli                                     ...Respondents



                     Page 1 of 6

https://www.mhc.tn.gov.in/judis
                                                                                        W.P.No.26512 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.2989/A3/2023 dated 28.04.2023 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
                     matter except in due process of law.


                                        For Petitioner           : Mr.C.Kanagaraju

                                        For R1 to R4             : Mr.D.Ravichander,
                                                                   Special Government Pleader


                                                             ORDER

The enquiry notice dated 28.04.2023 issued by the District Registrar

under Section 77-A of the Registration Act (hereinafter referred to as 'the

Act') is under challenge in the present writ petition.

2. The petitioner states that the respondents 5 and 6 filed a complaint

before the 4th respondent under Section 77-A of the Act to cancel the

documents of the year 1988, 2002, 2008, 2012 and 2020.

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

amended Section 77-A of the Act cannot be applied retrospectively so as to

https://www.mhc.tn.gov.in/judis W.P.No.26512 of 2023

cancel the documents registered and executed prior to the amendment.

Retrospective application has not been expressly provided under the

amended Section 77-A of the Act and thus, the District Registrar ought to

have entertained the complaint from the respondents 5 and 6.

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

https://www.mhc.tn.gov.in/judis W.P.No.26512 of 2023

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

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. 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.26512 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 (Management), Chengalpattu District.

https://www.mhc.tn.gov.in/judis W.P.No.26512 of 2023

S.M.SUBRAMANIAM, J.

hvk

W.P.No.26512 of 2023

11.09.2023

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