Madras High Court ruled that power cannot be taken away citing the pendency of a civil suit regarding the disputed land. Justice R Suresh Kumar passed the direction on disposing of a petition
Justice R Suresh Kumar passed the direction on disposing of a petition filed by E Harinath. The petitioner sought to quash the proceedings initiated by the Chengalpattu district registrar on a complaint lodged by one M Natesan.
According to the complainant, the land under the possession of the petitioner does not belong to him and he has bogus documents for that.
However, the petitioner argued that since the complainant had already filed a civil suit in this connection, the DR cannot investigate the matter parallelly. He further pointed out that a circular issued by the Inspector General of Registration on September 27 is against the move of the DR.
However, Yogesh Kannadasan, a special government pleader submitted that as per Section 77-A of the Registration Act, the DR has the power to inquire about the matter despite the dispute being pending before a civil court.
“DR has the suo motu power to ascertain whether any fraudulent transaction has taken place pursuant to which registration has taken place and by thus those documents would become fraudulent/bogus documents within the meaning of Section 22A / 22B of the Registration Act, ” the SGP argued.
Recording the submissions, the judge ruled that the statutory power under which quasi-judicial power is vested with the District Registrar under Section 77-A of the Act to entertain the complaint from any aggrieved party against the documents.
“It is for the aggrieved party to invoke Section 77-A of the Act to give a complaint unmindful of the civil suit which has already been filed and is pending between the parties before the concerned civil Court. The right of the aggrieved party to go before the District Registrar invoking Section 77-A of the Act cannot be taken away or denuded merely because a civil suit is pending,” the judge noted.