HC lauds TN’s amendment empowering DR to cancel bogus land docus

CHENNAI: The Madras High Court had recently appreciated the state government for amending the Registration Act, 1908 by inserting several provisions to empower the District Registrars to cancel bogus land registration documents.

Justice R Suresh Kumar observed this while disposing of a petition filed by V Sudhakar Rao. The petitioner prayed for a direction to the registration department to cancel the registration of 2,400 square feet of land by some third parties. The land was bought by his father in Okkiyam Thoraipakkam and the same was registered by miscreants with forged documents.

The petitioner first made a representation to the government on July 17, 2022, to cancel the registration under Section 68 (2) of the Registration Act, 1908. Since he came to know that an amendment was brought in the Act by the state in August 2022, inserting provisions like Sections 22-A, 22-B, 77-A and 77-B, the petitioner further made another representation to DR in November 2022 to take action for cancelling the illegal registration of his father's land.

As there was no action from authorities, he approached the HC for relief. However, Special Government Pleader Yogesh Kannadasan submitted that the petitioner was already summoned based on his first representation and then the further course of action will be taken as per the second representation made by him.

Recording the submissions, the judge held that it is a classic case to demonstrate as to how these kinds of fraudulent transactions are taking place in respect of worthy immovable properties in this state.

"… only the State Legislature with their wisdom, of course by the suggestion given by this Court, had come forward to amend the Registration Act, 1908, first of its kind in India and since the Registration Act being Central legislation, the State amendment has been assented by the President of India and has come into effect from August 16, 2022. Under the said amendment, especially Section 77-A of the Act, such a power like a quasi-judicial power is vested with the District Registrar, " Justice R Suresh Kumar held.

The court further directed the DR to decide on the representation made by the petitioner on November 28, 2022.