HC issues notice to TN govt over order to confer power on registrars to cancel registrations

A Division bench of Justices G R Swaminathan and N Mala, before which the PIL petition from T Arockia Dass of Old Perungalathur near here came up for hearing on Thursday, ordered notice to the authorities concerned, returnable in four weeks.

Chennai:The Madras High Court has issued notice to authorities after a petition to quash a recent order of the Tamil Nadu government, which conferred powers to the registrars in the districts, to cancel fake registrations that were done fraudulently. A Division bench of Justices G R Swaminathan and N Mala, before which the PIL petition from T Arockia Dass of Old Perungalathur near here came up for hearing on Thursday, ordered notice to the authorities concerned, returnable in four weeks.

The petition sought to declare two provisions of the Registration Act, as amended in August this year, as violative of the Constitution and ultra vires to the constitutional mandate regarding separation of powers between the executive and the judiciary, and contrary to the scheme and object of the original Registration Act,1908.

According to the petitioner, the Tamil Nadu government on August 16 made an amendment to the original 1908 Registration Act and introduced new sections -- 22B and 77A among other provisions. The newly amended provision vests power on the District Registrar to adjudicate the issue whether a particular transaction is a forged one or not.

The petition stated that the provisions of the parent Act provides administrative functions during the process of registration. Having regard to the other provisions of the 1908 Act, it is clear even the registration authority enjoys quasi-judicial authority while carrying out the registration process, it said.

By introducing the new sections, the District Registrar and the Inspector General of Registration are conferred with the power and authority to cancel the document which is tainted with forgery.

Exercising such authority, the District Registrars and the IG of Registration could decide the validity of the document. This power and authority could be termed as encroachment upon the field of the judiciary, the petitioner claimed, adding that this goes against the mandate of the Constitution in separation of powers between executive and judiciary.

Every year several thousand crores of rupees are received through stamp duty worth of properties. Taking advantage of these provisions, the local politician and corrupt officials would threaten and blackmail the parties who transacted on the registration of the high value of property for the purpose of extortion, the petitioner claimed.

Even genuine people would be affected if unbridled power is conferred upon the District Registrars who lack judicial mind to decide the issues, the petitioner contended. (PTI)