Petitioner challenging order refusing cancellation of disputed registration documents claiming heirship. Court held registration authorities cannot adjudicate title disputes; relief lies only in Civil Court.
Petitioner to approach Civil Court to establish title before approaching registration authorities; impugned order not quashed.
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W.P.No.17941 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.06.2023
CORAM
THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.17941 of 2023
E.Ganesan
... Petitioner
Vs
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records and quash the impugned order in 35984/U1/2022 dated 10.02.2023 passed by the 1 st respondent and to direct the respondents to cancel all documents registered in relation to S.No.6/2, 7/1, 7/4 & 7/7 in Village Thazhambur, Vandalur Taluk, Chengalpet District as no document was registered by the petitioner nor the petitioner's brother.
For Petitioner : Mr.Lieutenant Colonel Ganesan S
For Respondents : Mr.T.Arunkumar Additional Government Pleader for R1 to R3
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O R D E R The order dated 10.02.2023 passed by the Inspector General of
Registration is sought to be quashed in the present writ petition.
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clause legal heir, the revenue authorities will not issue the legal heir certificate. Thus, the petitioner has to approach the competent Court for the purpose of securing succession certificate.
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Book Act or the documents registered under the Registration Act can be
used as corroborative documents for establishing the title before the competent Civil Court of Law. Section 35 of the Indian Evidence Act, deals with “ Relevancy of entry in public record made in performance of duty. – An entry in any public or other official book, register or record or an electronic record, stating a fact in issue or relevant fact, and made by a public servant in the discharge of his official duty, or by any other person in performance of a duty specially enjoined by the law of the country in which such book, register or record or an electronic record, is kept, is itself a relevant fact.” Therefore, it is not a conclusive factor so as to declare title or ownership in favour of a person.
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relegate the parties to approach the competent Civil Court of Law for the purpose of establishing their civil rights and only after obtaining such declaration, the parties have to approach the authorities, since the Act provides, that on receipt of decree from Court of Law, such authorities are bound to make necessary entries in the register. Therefore, the Scheme of the Act itself contemplates that disputed facts cannot be adjudicated by the authorities competent but after adjudication before the Civil Court of Law and based on the decree passed by the Civil Court, necessary entries are to be made by the authorities by invoking the provisions of the Act. Thus, the Act intends to provide an opportunity to the aggrieved persons to establish their title, ownership only through the Court of Law and several provisions would indicate that the authorities are not empowered to entertain any disputed facts or make finding on such issues.
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Acts, the parties at no circumstances made an attempt to establish their title or ownership merely based on the revenue records or the documents which all are registered under the Registration Act. No doubt, the District Registrar is empowered to cancel the document registered under Section 77-A of the Registration Act. However, the power conferred under Section 77-A of the Registration Act cannot be misconstrued, since the enquiry has been conducted through summary proceedings and there is no trial natured proceedings. The Registrar is empowered to cancel the registration only on the limited grounds of 'fraud' or 'impersonation'.
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has threefold remedies. Firstly, an administrative fraud is to be dealt with by
the registering authority under the Registration Act and the scope is limited.
The document is to be cancelled by conducting a summary proceeding and the fraud must be apparent and within the meaning of Sections 32 to 35 of the Registration Act. Secondly, an aggrieved person is at liberty to prosecute the persons under the Criminal law. Thirdly, an aggrieved person is entitled to approach the Civil Court of Law for the purpose of establishing his title, ownership, possession etc. All the threefold actions are permissible simultaneously and therefore, the parties are not empowered to approach the revenue authorities or the registering authorities for the purpose of establishing title or the findings given by any such authority will be of no avail or conclusive proof regarding their title, ownership etc.
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and the Inspector General of Registration are bound to monitor the activities of the subordinate officials who all are vested with the powers under the Registration Act and Patta Pass Book Act and ensure that they will always exercise their powers within the limit conferred and any excess exercise of power, lapses, negligence or dereliction of duty are to be viewed seriously and all proper actions are to be initiated against such officials. Land grabbing is frequently noticed on account of sky-rocketing of market value of the immovable properties. Greedy man are continuously attempting to commit frauds on the documents and revenue documents and all such attempts are to be closely watched by the authorities by streamlining the procedures to be followed even to deal with such complaints. Already Circulars are issued by the Inspector General of Registration. In the present case, the Circulars issued by the Government in this regard are to be followed scrupulously by the authorities.
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More so, the Inspector General of Registration has made a finding that the petitioner has not filed any document to establish the title regarding the subject property which stands in the name of the brother of the petitioner as per his statement. This being the factum, the petitioner is at liberty to approach the Civil Court of Law for the purpose of establishing his title and only thereafter he can approach the competent authorities under the provisions of the statutes for initiation of appropriate actions.
However, there shall be no order as to costs.
2 0.06.2023
Index : Yes/ No
Speaking order : Yes /No
Neutral Citation : Yes/No
Sgl To
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S.M.SUBRAMANIAM, J.
Sgl
W.P.No.17941 of 2023
20.06.2023
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2 issues framed by the court
Whether the Registrar can cancel registered documents regarding title dispute under Section 77-A without a court decree.
Whether revenue and registration authorities have jurisdiction to adjudicate disputed title or ownership.
5 provisions across 4 enactments
E.Ganesan
Inspector General of Registration
Deputy Inspector General (Registration)
District Registrar
S.M.SUBRAMANIAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
