Madras High Court
Umasangar vs The District Registrar ... on 5 September, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P.(MD) No.28472 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.(MD) No.28472 2023
and
W.M.P.(MD)No.24516 of 2023
Umasangar ...Petitioner
-vs-
1.The District Registrar (Administration),
District Registration Office,
Court Complex, Cantonment,
Tiruchirapalli - 1.
2.The Inspector General of Registration,
Registration General Office,
100, Santhome High Road,
Chennai - 600 028.
3.The District Collector,
Tiruchy District Collectorate Office,
Cantonment, Tiruchy - 1.
4.The District Revenue Officer,
Tiruchy Collectorate Office,
Cantonment, Tiruchy - 1.
5.The Tahsildar,
Trichy West Taluk,
Srirangam, Tirichy.
1/10
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.28472 of 2023
6.The Director,
Indian Overseas Bank Rural
Self Employment Training Institute,
No.215, Madurai Main Road, Cantonment,
Trichy - 620 001. ...Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, praying for issuance of a writ of Certiorari calling for the records
comprised in Na.Ka.12823/A4/2022, dated 14.07.2023 on the file of the
1st respondent and quash the same as arbitrary and illegal.
For Petitioners : Mr.K.Prabhakar
For R1 to R5 : Mr.M.Siddharthan
Special Government Pleader
For R6 : Mr.N.Dilipkumar
ORDER
Challenging the order of the District Registrar/first respondent
cancelling the document registered in the year 1999 in favour of the
petitioner, this petitioner has filed this writ petition.
2.The brief facts leading to the filing of this case are as follows:
https://www.mhc.tn.gov.in/judis
(i)The case of the writ petitioner is that the property originally is
an Inam property and the original Inamdar has made several sales from
the year 1955. From the series of sales, the petitioner is the subsequent
purchaser in the year 1999 and he has been in possession of the property
from the date of purchase. He has also filed a suit for declaration and
injunction in O.S.No.1006 of 1999 on the file of the Principal District
Munsif Court, Trichy against the private respondents as well as the
District Administration (State of Tamil Nadu) as there were threats of
trespass into the subject property. The said suit has been decreed in
favour of the petitioner on 31.10.2011. The appeal filed by the private
respondents was also dismissed for default without contest and the
decree obtained by the petitioner attained finality.
(ii) When the matter stood thus, in the revenue records, the subject
property was shown as 'Tharisu'. Taking advantage of that entry, the
District Collector had allotted the said land to the Indian overseas Bank
to set up a Rural Self Employment Training Institution and the said
allotment order came to be passed on 02.08.2013. Thereafter, when the
Bank sought a legal opinion, it was found that there is an entry in respect
https://www.mhc.tn.gov.in/judis
subject property in favour of the petitioner from the year 1999.
Therefore, the Bank requested the District Collector to remove that entry.
(iii) On the basis of the said request, the District Collector had
requested the District Registrar through the Inspector General of
Registration by proceedings dated 28.12.2020 in
Na.Ka.No.A4/16454/2012 to cancel the sale deed of the petitioner. The
Inspector General of Registration rejected the request of the District
Collector by proceedings in letter No.630/C1/2022 dated 22.03.2021
stating that he has no power to cancel the registered document and
requesting the authorities to approach the civil Court to cancel the
document.
(iv) After such rejection, the Indian Overseas Bank had made an
application dated 09.09.2022 to cancel the document registered in the
name of the petitioner before the first respondent. Based on that
application, an enquiry has been conducted by the first respondent and
the document has been cancelled.
https://www.mhc.tn.gov.in/judis
3.The learned counsel for the petitioner mainly would submit that
when the petitioner obtained a decree of declaration in his favour, in
which proceedings the State is also party, to overcome the said decree
and judgment, the order impugned in this writ petition has been passed
by the authorities concerned.
4.The learned counsel appearing for the sixth respondent Bank
submitted that even now the entry in respect of the sale deed stands in the
name of the petitioner, is very much available and the Bank is not
interested in proceeding with the site. In this regard, they have also
requested the District Collector to allot a different land and the same is in
progress. The Bank is no way connected with the subject property. This
submission is recorded.
5.The first respondent has filed counter affidavit stating that the
Inam proceedings is pending in C.M.A.(MD)No.3 of 2000. Therefore,
the finding of the civil Court will not bind the authorities concerned.
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6.Heard the learned counsel appearing on either side and perused
the materials placed on record.
7.At the outset, this Court is of the view that merely because the
inam proceedings is pending at the instance of the third party, the same
will not be the germane for consideration of the District Collector, who
was a also party in the suit filed by the petitioners for declaration and
permanent injunction. The declaration has been granted against the
District Collector and the third respondent is permanently injuncted as
far as the suit property is concerned. Having been a party to the said civil
suit, allotting the very same property to the Bank by the District
Collector itself is highly deprecated and this itself indicates that it was
done only in order to overcome the decree of the competent civil Court.
8.Be that as it may, initially the District Collector also requested
the Inspector General of Registration to cancel the document registered
in favour of the petitioner and the said request has been rejected stating
that only the civil Court can go into the transaction by letter dated
22.03.2021. Thereafter, at the instance of the Bank, the District Registrar
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had entertained the complaint, which has been already rejected by the
Inspector General of Registration and cancelled the document.
9.These facts clearly indicate that how the power of cancellation
had been misused by the registering authorities. When the appellate
authority, Inspector General of Registration has already passed orders in
the matter and rejected the request to cancel the document, the
subordinate official, the District Registrar had entertained the complaint
and cancelled the document. This itself shows that the power exercised
by the authorities is nothing but a clear abuse of process of law.
10.The right is already created in favour of the petitioner by way of
the competent civil Court decree and it cannot be taken away by way of
parallel proceedings. Further, as far as the cancellation of the document is
concerned, the registering authority has no power to cancel the same
since the very Section 77(A) inserted under Registration Act to cancel the
registered document, is struck down by the Division Bench of this Court
in W.P.No.10291 of 2022 batch. That apart fraudulent transaction cannot
be gone into by the authorities, which has to be established in the manner
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known to law before the civil Court in view of the decisions made in
Satya Pal Anand v. State of M.P.[ 2016 10 SCC 767] and G.
Rajasulochana vs. Inspector General [W.P 29706 of 2024 dated
16.04.2024].
11.In view of the above deliberations, this Writ Petition is allowed
and the order passed by the first respondent in Na.Ka.No.12823/A4/2022
dated 14.07.2023 is set aside. No costs. Consequently, connected
miscellaneous petition is closed.
05.09.2024
Index : Yes / No
Internet : Yes / No
ta
To
1.The District Registrar (Administration),
District Registration Office,
Court Complex, Cantonment,
Tiruchirapalli - 1.
2.The Inspector General of Registration,
Registration General Office,
100, Santhome High Road,
Chennai - 600 028.
https://www.mhc.tn.gov.in/judis
3.The District Collector,
Tiruchy District Collectorate Office,
Cantonment, Tiruchy - 1.
4.The District Revenue Officer,
Tiruchy Collectorate Office,
Cantonment, Tiruchy - 1.
5.The Tahsildar,
Trichy West Taluk,
Srirangam, Tirichy.
https://www.mhc.tn.gov.in/judis
N.SATHISH KUMAR, J.
ta
05.09.2024
https://www.mhc.tn.gov.in/judis
