The Registration Officer lacks authority to cancel registered deeds under Section 83A without evidence supporting claims of impersonation or other jurisdictional requirements.

J U D G M E N T

The petitioners 1 to 4 herein claim that they are having ownership and possession of the properties covered by Exts.P-1 to P-4 sale deeds respectively and that they have paid tax in respect of those properties Exts.P-5 to P-8 land tax receipts. They would also state that they had obtained those properties from one Vinoji, on whom the properties belonging his father, Pavithran, had devolved. Further that Pavithran had obtained the properties by Ext.P-9 and P-10 pattas. It is the further case of the petitioners that contesting respondent No.9 had purchased 15.400 cents lying adjacent to the petitioners property, which in turn originally belonged to one Kumaran Vijayan, who obtained it by Ext.P-11 pattta, it is stated. That R-9 had purchased the said property by two sale deeds as per Exts. R9(a) and R-9(b) and that R-9 (c) is the prior title deed of Sri.Jojo. It is further alleged by the petitioners that the extent of land shown in Ext.P-11 is only 15.400 cents, whereas R-9 is now claiming 51.400 cents (in this regard R-9's case is that the prior title deed of Jojo Ext. R-9 (c) would show the extent of land as 51.4 cents). It is the further allegation of the petitioners that R-9 had trespassed into the properties of 3rd and 4th petitioners. That the 4th petitioner had filed Ext.P-12 suit seeking fixation of boundary and injunction in respect of the properties covered by Exts.P-4 to P-8. That in Ext.P-12 suit, the Munsiff had passed Ext.P-13 interim order of injunction against further trespass. That so also, the 3rd petitioner had filed Ext.P-14 suit for injunction pertainng to the property covered by Ext.P- 3 and P-7 and that the Munsiff had passed Ext.P-15 interim order of injunction therein.

2. Further it is stated that R-9 had filed Exts.P-16 and P-17 suits against petitioners 3 and 4. That in Ext.P-16 suit, the relief sought for is for a declaration that Exts.P-3 and P-4 sale deeds are not binding on them and to restrain 3rd and 4th petitioners from entering into the said properties and the extent of property shown therein is 51.400 cents. Further that in Ext.P-17 suit filed by R-9, the relief sought for is to set aside Exts.P-1 and P-2 sale deeds and to restrain petitioners 2 and 3 from entering into the said property.

3. Further it is stated that R-9 had filed application dated

6.12.2017 before the Minister for Registration seeking cancellation of Exts.P-1 to P-4 sale deeds. That the office of the Minister had in turn forwarded the said application to R-2 (DIG, Registration) for appropriate proceedings in accordance with law. That consequently R-2 had issued Ext.P-18 notice dated 20.12.2017 on the basis of the said application dated 6.12.2017. That as against Ext.P-18 notice, the petitioners had submitted Exts.P- 19 to P-22 objections.

4. The petitioners would also raise certain averments with regard to the issuance of the impugned Exts.P-23 to P-26 proceedings at the instance of the 7th respondent Tahsildar Cherthala, in respect of the matters connected with mutation of the petitioners' properties. It is in the light of these factual aspects that the petitioners have filed the instant Writ Petition (Civil) with the following prayers: “a) Issue a writ in the nature of certiorari quashing Ext.P-18 and all proceedings pursuant thereto, viz., Exts.P23 to P26 after calling for the records leading thereto; and b) Pass such other orders as this Honourable Court deems fit and proper in the facts and circumstances of the case.”

5. The main ground urged by the petitioners is that the prayer in the application dated 6.12.2017 submitted by R-9, which is referred in Ext.P-18 notice, is only to cancel Exts.P-1 to P-4 sale deeds. The said petition dated 6.12.2017, referred to in Ext.P-18 notice dated 20.12.2017, as given on pages 82 and 83 of the paper of the Writ Petition, reads as follows:

"ബഹ(cid:3)മ(cid:5)നപ(cid:8)ട ക(cid:12)രള(cid:5) പ(cid:15)(cid:5)ത(cid:3)മര(cid:5)മത(cid:3)- രജ(cid:19)സക(cid:21)(cid:22)ഷൻ വ(cid:12)(cid: