Sunday, August 17, 2014

Conflicting Judgments on Property Registration Order

There are two conflicting judgments, one passed by a single judge of the Madurai Bench of the Madras High Court, also upheld by a division bench, and the other by a single judge of the Principal Seat at Chennai.
While the single judge and division bench of the Madurai bench upheld the circular in March and June this year, Justice S Vaidyanathan of the Principal Seat on Saturday set aside the circular. The Madurai bench passed orders without going into the merits as to the validity of the circular, i.e. the power of the Inspector General in issuing the circular in conformity with the provisions of the Tamil Nadu Registration Act. “Therefore, it is appropriate to adjudicate the issue on merits,’’ Justice Vaidyanathan reasoned and quashed the circular.
Justice Vaidyanathan placed on record his appreciation towards the steps taken by the Inspector General of Registration in issuing the circular to prevent the fraudulent registration of documents by the illegal power agents.
 “The object of the circular is really laudable and praiseworthy, but in the absence of any legal sanctity attached to it, this court is unable stretch upon its hands to protect the same.  However, it is needless to mention that the Inspector General of Registration is empowered to make rule by virtue of Section 69(2) of the Act and enact the same after getting approval from the State Government and on its publication,” the judge said. While doing so, the IG shall consider the circumstances under which the production of ‘life certificate’ itself does not arise. Till such time the Rule is framed, the registering authority shall act as per the provisions of the Act,” he added.

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