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
~
Result: WP disposed of accordingly.
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:
"6. I
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.