Dismissed

K.N.Perumal, (Died) v. the Inspector General of

Madras HC23 Jun 2023WP(MD)/7676/2017

Case brief

AI extract

What is this about?

The Madras High Court dismissed this writ petition seeking a writ of mandamus to delete unlawful entries made via a forged document. The Court held that pending the Larger Bench decision on the applicability and scope of Section 77A of the Registration Act via the reference order in S.M. Hajabakrutheen, orders regarding cancellation should await the larger bench ruling.

What did the court decide?

Writ petition dismissed; liberty to approach civil court; liberty to invoke Section 77A upon larger bench outcome; no order as to costs.

K.N.Perumal, (Died) Vs the Inspector General of — Property and Title | Madras HC (2023)

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W.P(MD)No.7676 of 2017

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 23.06.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE B.PUGALENDHI

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W.P(MD)No.7676 of 2017

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K.N.Perumal (Died)

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1.Kandasamy

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2.Alagammal

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3.Jothilakshmi ...Petitioners

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Petitioners 1 to 3 substituted as per the order made in WMP(MD) No.12495/2023, dated 23.06.2023 by BPJ)

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Vs.

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1.The Inspector General of Registration, No.100, Santhome High Road, Chennai – 600 028.

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2.The District Registrar, Virudhunagar District Registration Office, No.58/1, Cutchery Road, Virudhunagar – 626 001.

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3.The Sub-Registrar, Sub-Registrar Office, No.2, Peria Kadai Veedi, Rajapalayam – 626 117.

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...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution

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of India, praying this Court to issue a Writ of Mandamus, directing

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

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W.P(MD)No.7676 of 2017

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the respondents 1 to 3 to consider the petitioner's representations dated 02.03.2017 and 28.03.2017.

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For Petitioner : Mr.T.Thangamani For Respondents : Mr.M.Siddarth Government Advocate

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O R D E R

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This writ petition is filed for a Mandamus, directing the respondents 1 to 3 to consider the petitioner's representation dated 02.03.2017 and 28.03.2017 to delete the unlawful entries made by one P.J.Raju and the subsequent purchasers by way of a forged document with regard to the petitioner's property.

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2.The Hon’ble Supreme Court in Satya Pal Anand v.

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State of M.P., [ (2016) 10 SCC 767 ] has held that that the power to cancel the registration is a substantive matter and in the absence of any express provision on that behalf, it is not open to assume that the Registering Officer would be competent to cancel the registration of the documents in question. Therefore, for cancellation of registered documents, the State of Tamil Nadu brought an amendment to the

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W.P(MD)No.7676 of 2017

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Registration Act, vide the Registration (Tamil Nadu Second Amendment) Act, 2021. By this amendment Act, Sections 22B, 77A, 77B, 81A and 81B were inserted in the Registration Act. Section 77A provides the power to the Registrar to cancel registered documents, if it is found to be in contravention of sections 22A and 22B.

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3.Whereas, this Court in S.M. Hajabakrutheen Vs. The Inspector General of Registration [ W.P.(MD) Nos. 14546 of 2022 batch, dated 27.03.2023 ] , in view of the conflicting views taken by two different benches of this Court regarding the applicability of Section 77A, has referred various issues for consideration by a Larger Bench of this Court. The relevant portion of the reference order is extracted as follows-

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“ 20. In view of the reasonings of the Full Bench and in view of the conflicting views of the two learned Single Judges the following issues are referred for due consideration by a Larger Bench of this Court.

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i) whether the recitals in a document

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W.P(MD)No.7676 of 2017

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presented for registration, can be examined to determine that such document was fraudulently executed or registered;

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ii) whether a document in which the recitals alone are questioned can be considered only as voidable which would normally necessitate the filing of the suit to set aside the particular document or whether even those documents can be cancelled by the Sub Registrar under Section 77A of the Registration Act;

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iii) whether exercise of power under Section 77A must be restricted to registration of documents in contravention to Section 22-A or 22-B of Registration Act, 1908 alone?

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iv) whether the exercise of such power under Section 77A of the Registration Act can be prospective in nature or retrospective in nature?

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21. To determine these issues, the Registry may place all the writ petitions before the Hon'ble Administrative Judge for constitution of a Larger Bench to examine the issues in detail.

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22. Till a decision is rendered by the Larger Bench,

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W.P(MD)No.7676 of 2017

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let no further action be taken by any of the Sub Registrars, who may await further orders of the Larger Bench.”

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4.By referring to the above order, this Court in A.Shanthi v. The District Registrar [ WP.No.18814 of 2023, dated 27.06.2023 ] has reiterated that the District Registrars across Tamil Nadu shall not take any action on an application under Section 77A of the Registration Act, till the reference is answered by the Larger Bench. The relevant portion is extracted as follows:-

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“ 4.In the light of the above order, there is no scope for considering the representation made by the petitioner at present and the petitioner has to necessarily await for the final orders to be passed by the Larger Bench on the issue. Hence, this writ petition is closed for the present.

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5.It is brought to the notice of this Court that in spite of the above order passed by this Court, the District Registrars are entertaining the applications under Section 77A of the Registration Act and even orders are passed. It is not known as to whether this order was circulated to all the District Registrars in State of Tamil Nadu. In view of the above order, this Court once again reiterates that the

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District Registrars across Tamil Nadu shall not take any further action on the application submitted under Section 77A of the Registration Act, till a final decision is rendered by the Larger Bench. The Inspector General of Registration is directed to issue a Circular in this regard to all the District Registrars across the State of Tamil Nadu immediately”

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5.In view of the above decisions, this Court disposes of this writ petition with liberty to the petitioner to approach the competent civil Court and if any civil suit is filed, the same shall be entertained by the civil Court by excluding the period for which this writ petition was pending before this Court for the purpose of calculating the limitation period. The writ petitioner is also at liberty to invoke Section 77A of the Act upon the outcome of the reference made. There shall be no order as to costs.

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23.06.2023 (2/2)

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NCC :Yes/No Index:Yes/No Internet:Yes vrn

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