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2011 Supreme(Mad) 1795

High Court of Judicature at Madras
P. JYOTHIMANI
Velumoopan & Others
Versus
The Inspector General of Registration Santhome High Road Chennai & Others
W.P.No.5077 of 2011
Decided on : 30-03-2011
~

Advocates Appeared:
For the Petitioners:P. Arivudainambi, Advocate. For the Respondents: K. Balasubramanian, Spl. Government Pleader.

Headnote:INDIAN REGISTRATION ACT, 1908 - SECTION 55 (5) - Representation by petitioner’s to Joint SRO (R2) to comply with statutory requirements for forwarding Memorandum of Power of Attorney to SRO (R3) - Contention of respondent that while in respect of Book No.1 the software system has been completely developed and the encumbrance certificate in respect of Book No.1 would contain the particulars relating to the properties and other details, in respect of Index IV since the software system is yet to be developed, the department is unable to furnish encumbrance certificate with all particulars relating to the properties and as soon as the software system is developed, it would provide particulars relating to properties also from Index IV, it is not an excuse for the respondents to say that till software system is developed the particulars relating to description of property regarding Index IV documents will not be furnished - Writ disposed of with directions - (i) to (iii) - (i) in respect of the particulars sought by the petitioners by way of encumbrance certificate regarding the power of attorney document; the third respondent shall furnish the same manually to the petitioners along with the description of property, as it is seen in paragraph (3) of the circular of the first respondent dated 29.10.2009 within eight weeks from the date of receipt of a copy of this order, (ii) it is made clear that the respondents shall develop the software system in respect of Index IV by inscribing the description of property and other particulars, as contemplated under the circular, at the earliest point of time in order to see that the circular is implemented in letter and spirit, (iii) as it is found in the information received under the Right to Information Act, in respect of Book No.1 all transactions in respect of power of attorney prior to 1.11.2009 shall be proceeded in accordance with law.

       Result: WP disposed of accordingly.

Judgment :-

1. The writ petitioners 1 to 6 are represented by Dr.K.Chockalingam. The petitioners have inherited vast area of lands in North Valliyur Village, Radhapuram Taluk, within the Sub-Registration District of Nanguneri, Valliyur Sub-Registration, Tirunelveli Registration and Revenue District from their grandfather, Chinna Palavesa Moopan.

2. The petitioners have executed Power of Attorney on 25.9.2009 registered as document No.2810/4/2009, dated 25.9.2009 on the file of the District Registrar, North Chennai. As per the Power of Attorney, the Power Agent is entitled to deal with the property, including the handling of various cases, and the principals are all permanent residents of Valliyur Village. Since the power has been registered in the office of the second respondent, he has an obligation to forward the memorandum of power of attorney to the third respondent.

3. The petitioners have made a representation through their Power Agent on 1.10.2010 to the second respondent requesting to comply with the statutory requirement of forwarding the memorandum of power of attorney to the third respondent. The second respondent, after considering the said representation dated 1.10.2010, requested the petitioners to submit a self-stamped cover and the same was handed over to the second respondent on 4.10.2010 itself. However, the second respondent has rejected the claim of the petitioners vide letter dated 18.10.2010 stating that the request of the petitioners is not feasible of compliance and also stating that the power of attorney document was registered prior to 1.11.2009.

4. It was in those circumstances, being aggrieved by the order of the second respondent dated 18.10.2010, the petitioners have moved this Court by filing W.P.No.25355 of 2010 and this Court, by order dated 19.11.2010, while setting aside the impugned order of the second respondent has directed the second respondent to forward the power of attorney registered as document No.2810/4/2009, dated 24.1.2009 to the third respondent within a period of two weeks.

5. Since the said order of this Court was not complied with, the petitioners have sent notice through their Power Agent on 14.2.2011 and in spite of the same, the respondents have refused to comply with the direction given by this Court.

6. As per the circular issued by the first respondent dated 29.10.2009, the third respondent, viz., the Sub Registrar, Valliyur, has an obligation to index the details of the schedule of properties in respect of the power of attorney in Index IV and also issue encumbrance certificate from Index IV. Based on the circular dated 29.10.2009 and the further clarification issued in the circular dated 18.12.2009, the power agent of the petitioners has made a representation on 14.2.2011 to comply with the directives of the first respondent and also sent a telegram on 23.2.2011. Since no action was taken based on the said representation, the petitioners filed this writ petition for a direction against the third respondent to strictly adhere to the circulars issued by the first respondent dated 29.10.2009 and 18.12.2009, while issuing encumbrance certificate from Index IV in respect S.Nos.1875 to 2124 of North Valliyur Village, Radhapuram Taluk, indexing the details of the subject matter of the power of attorney dated 25.9.2009 in Index IV.

7. In the counter affidavit filed by the respondents, it is stated that as per Section 55(5) of the Registration Act, 1908, the power of attorney being a miscellaneous document is to be registered in Book No.4 and details of the same shall be indexed only in Index IV and not in Index II. However, in the counter affidavit, the respondents have clearly admitted that in paragraph (3) of the circular issued by the first respondent dated 29.10.2009, the first respondent has directed to prepare a software in respect of Index IV which contains various particulars including the description of property. The relevant portion of the counter is as follows:

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