2022 Supreme(Online)(MAD) 27451
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.10.2022 CORAM THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.17416 of 2020 and W.M.P(MD)No.14557 of 2020 and W.P(MD)No.5337 of 2018 and W.M.P(MD)Nos.16507, 14067 & 5281 of 2018 T.Senthil ...Petitioner in both cases Vs
1.The Deputy Inspector General of Registration, Thanjavur.
2.The District Registrar (Administration), Pattukottai, Thanjavur District. ...Respondents in W.P(MD)No.17416 of 2020 The District Registrar (Administration), Pattukottai, Thanjavur District. ... Respondent in W.P(MD)No.5337 of 2018 Prayer in W.P(MD)No.17416 of 2020: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records pertaining to the impugned orders passed by the respondents vide their respective proceedings in na.Ka.No. 1212/A4/2020, dated 23.09.2020 and Na.Ka.No.350/E/2020, dated 28.10.2020 and quash the same as illegal, arbitrary and against the well settled propositions of law.
Prayer in W.P(MD)No.5337 of 2018: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records pertaining to the impugned order issued by the respondent in his proceedings in Na.Ka.No.2362/A4/2016, dated
05.01.2018 and quash the same as illegal.
For Petitioner :Mr.K.K.Senthil in both cases For Respondents :Ms.S.Jeyapriya in both cases Government Advocate
COMMON ORDER
The petitioner has filed these Writ Petitions to quash the impugned orders passed by the respondents in Na.Ka.No.2362/A4/2016, dated 05.01.2018, Na.Ka.No.1212/A4/2020, dated 23.09.2020 and Na.Ka.No.
350/E/2020, dated 28.10.2020.
2.The learned counsel appearing for the petitioner would submit that the petitioner passed the Document Writer's Licensing Test conducted on 19.07.1997 by the Inspector General of Registration, Chennai and license was granted in License Serial No.A/8/2002/PKT under the Tamil Nadu Document Writer's license Rules, 1982 and thereby, authorized him to practice as a Document Writer within the State of Tamil Nadu. The said license was valid for 5 years and periodically renewing the same without any break. The petitioner was doing his job without any complaint from any one. One Tamilnesan, who is known person, approached the petitioner for drafting a sale deed in respect of S.No.124/2 at Pugal Sillathur Village, Orathanadu Taluk, Thanjavur District. After getting necessary particulars from him for drafting the deed, he drafted the sale deed and thereafter only the sale deed was registered on 23.07.2012 as Document No.654/12. Two persons, namely Mr.Rengasamy and Mr.Ramesh approached the petitioner for drafting two settlement deeds in respect of several survey numbers. He drafted both settlement deeds in respect with the particulars given by them. Those two sale deeds were also registered as Document Nos.66/2014 and 67/2014 on 03.02.2014. In the month of May 2015, the Inspector of Police, District Crime Branch Police Station, Thanjavur intimated him that certain deeds registered with the office of Sub-Registrar, Thiruvonam were fabricated and hence, he has been implicated in the said criminal case.
3. He would further submit that the petitioner has not committed any offence and he is only drafting the documents as per the particulars given and the genuineness cannot be ascertained by the petitioner. The petitioner submitted an application dated 21.12.2016 for renewal of his license to the District Registrar for being forwarded to the licensing authority for renewal. The second respondent issued the impugned order dated 05.11.2018 in Na.Ka.No.2362/A4/2016 declaring that he will not be permitted to write documents since the criminal case is pending investigation. The petitioner has been permitted to write documents even after the date of registration of FIR in Cr.No.35/2014 pending before the DCB, Thanjavur. The impugned order has to be set aside on the ground that the proceedings of the Deputy Inspector General of Registration, Thanjavur which was referred to by the respondents herein as an order, is actually an inter departmental communication, wherein, a clarification has been given by the Deputy Inspector General of Registration for a query raised by the respondent.
4. He would further submit that the impugned order, dated
05.01.2018 issued by the second respondent herein vide his proceedings in Na.Ka.No.2362/A4/2016, when viewed in any sorts of angle is highly erroneous one and suffered also from sanctuary of illegalities and arbitrariness. Therefore, under such circumstances I was having no other speedy and efficacious option rather than invoking Art.226 of Indian Constitution for uplifting his fundamental rights, by filing a writ petition challenging the above said impugned order vide W.P(MD)No.5337/2018 and the same is pending before this Hon'ble Court after granting Interim Stay for operation of above said impugned order vide order dated 25.07.2018 passed in W.M.P(MD)No.5281/2018 in W.P(MD)No.5337 of
2018 by this Hon'ble Court. He pray leave of this Hon'ble Court that the affidavit and grounds stated in W.P(MD)No.5337.2018 may also be read as part and parcel of this affidavit.
5. He further submitted that thereafter he was permitted by the respondents to write documents till 27.08.2018 in view of order passed by this Hon'ble Court. Thereafter, the respondents herein had not permitted him to writ