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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice N. ANAND VENKATESH
Prameelamma Vadiaputi – Appellant
Versus
Inspector General of Registration Officer, Chennai – Respondent
ORDER :
1. When this writ petition came up for hearing on 25.03.2025, this Court passed the following order:
1. The Unique Identification Authority of India [UIDAI], Represented by its Chairman, Khanija Bhawan, No.49, III Floor, South Wing, Race Course Road, Bengaluru - 560 001, is suo motu added as seventh respondent in this writ petition.
2. Mr. U. Baranidharan, learned Special Government Pleader takes notice on behalf of respondents 1 to 4. Mr. K. Srinivasamurthy, learned counsel takes notice on behalf of the impleaded seventh respondent. Notice to respondents 5 and 6 returnable by 15.04.2025. Private notice is also permitted.
3. The specific case of the petitioner is that the subject property belonged to her husband by virtue of a registered sale deed dated 07.02.1981. Her husband died leaving behind the petitioner, three sons and a daughter on 23.01.2017. The grievance of the petitioner is that her husband who was not even alive, was impersonated and a fake/fraudulent Power of Attorney dated 09.07.2021 came to be registered. Based on the same, a sale deed came to be registered dated 16.09.2021 in favour of the fifth respondent. The fifth respondent on the very same day, mortgaged
Disclosure of identity information under the Aadhaar Act requires due process and a hearing, especially in cases involving fraud and impersonation, safeguarding individual privacy rights.
The court found that a sale deed executed using a fake identity is illegal and declared it non est, emphasizing the importance of verified identity in property transactions under the Aadhaar Act.
The main legal point established in the judgment is the requirement for a court order, not inferior to that of a High Court Judge, for disclosure of Aadhaar information under Section 33 of the Aadhaa....
UIDAI cannot disclose biometric information without a valid court order, and identification requires live biometric data as per privacy and security frameworks established under the Aadhar Act.
Habeas Corpus Petition – UIDAI can be directed to provide data to Police when a person is missing and he/she could be in danger.
The court held that under Section 33 of the Aadhaar Act, UIDAI must provide Aadhaar details to aid in tracing missing trafficking victims, balancing privacy with the need for substantive justice.
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