The High Court has jurisdiction under Article 226 to declare fraudulent documents null and void, ensuring statutory authorities perform their duties lawfully.

ORDER :

1. This Writ petition has been filed seeking a direction to the 1^st respondent to file a final report in Crime No. 24 of 2023 and also sought for direction directing the 2^nd respondent to record the Document No. 13245/2023 dated 22.09.2025 as fraudulent one and breach of records of the registration.

2. The petitioner is the absolute owner of the property measuring an extent of 1.52 acres/ 32 percent of undivided share in the land, comprised in Survey Nos. 460/1A, 460/Aab1, 460/1C, 459/1a, 459/2B1 and 459/3A at Karegoundampalayam village, Annur Taluk. It is stated in the affidavit that the petitioner handed over the title document of the above said land to his friend one Venkatesh for financial assistance. Further, he also assured that he will return the document within a period of three months. Believing his words, the petitioner handed over the original document to him. However, the said Venkatesh failed to return the original document and as such, the petitioner lodged a complaint. He also verified the encumbrance certificate of the property and it came to light that there was a fraudulent transaction committed by the said Venkatesh with reference to the petitioner's property by impersonating his identity with malafide intention to grab the property executed sale deed dated 30.09.2023 in favour of third party vide Document No.13245/2023. Thereafter, the petitioner submitted a representation before the 2^nd respondent on 30.12.2024 to declare the said document as a fraudulent one. Meanwhile, the petitioner also lodged a complaint and the same has been registered in Crime No.24/2023 on the file of 1^st respondent for the offences under Sections 419, 420, 465, 468, 471 and 120B of IPC as against the accused persons. The petitioner also filed a petition before this Court in Crl. O.P. No. 14963 of 2024 seeking direction for transfer of investigation in Crime No.24/2023 from District Crime Branch to CBCID. Since the 1^st respondent did not complete the investigation and file any final report, this Court by order dated 07.08.2024 directed the first respondent to complete the investigation and file a final report within a period of 30 days from the date of receipt of copy of that order. However, so far, the first respondent did not file any final report before the concerned Court.

3. Further, the second respondent, on receipt of the representation submitted by the petitioner, did not take any steps to declare that the sale deed registered vide document No.13245/2023 dated 30.09.2023 as a fraudulent one, instead by communication dated 18-03-2025, the second respondent informed the petitioner that the provision under Section 77-A of the Registration Act has been declared as unconstitutional and as such the second respondent has no power to cancel the fraudulent document and also will not able to record the said document as a fraudulent one.

4. On perusal of the sale deed dated 30.09.2023, the petitioner was impersonated and got the sale deed registered in respect of the petitioner's 32% of share out of total extent of the subject property. The accused fabricated the Aadhar card as well as the PAN card of the petitioner and used for registration of a sale deed in favour of one Jaya Chandran. The Sub-Registrar, who registered the sale deed, without even verifying these documents, conspired with the other accused persons registered the sale deed in favour of one Jayachandran and thereby, created an encumbrance over the subject property.

5. The draft final report was also produced before this Court. It was further revealed that the purchaser is arrayed as Accused No.13 and the Sub-Registrar, who registered the sale deed is arrayed as Accused No.15. Further, it is clear that the petitioner was impersonated by the 2^nd accused. His Aadhar card and PAN card were fabricated for the purpose of registration.

6. It is relevant to extract the provision under Section 68 of Registration Act, 1908:

68. Power of Registrar to superintend and control Sub