In what could prove to be a great relief to several people caught up in fraudulent registrations by unscrupulous elements, the Puducherry Government has directed its District Registrars to cancel such registrations after conducting enquiry themselves rather than asking the aggrieved persons to approach civil court for remedies.
Petitions regarding fraudulent registrations through impersonation or production of false documents and evidences are being received at registration offices from time to time. The Registering officers have so far advised the aggrieved persons to approach the civil court for remedies.
However, in many instances aged persons, poor widows, persons living abroad are the targets of the antisocial elements. These persons become victims as a result of registration through impersonation or production of false documents and evidence.
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In a recent circular to all registrars, Secretary of Revenue and Inspector General of Registration, V. Candavelou said, “Advising the innocent petitioner to approach civil court for remedy without exercising the inherent powers available with registering officers would only add to the mental agony of the already distressed land owners. Any person involved in the registering of documents through impersonation or production of false documents and evidence is liable to be punished under Section 82 and 83 of the Registration Act, 1908.”
He added that though the Act provides for taking punitive action against offenders, such action alone will not meet the end of justice. Therefore, there should be remedy to the aggrieved part and also a deterrent to prevent further fraud and cheating of innocent buyers in future.
Recently, the Madras High Court has upheld the validity of a circular issued by the Inspector General of Registration of Tamil Nadu empowering the District Registrars to cancel documents executed by playing fraud.
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The court also observed that quasi-judicial and administrative authorities have inherent powers to recall their orders. Following the judgement, the Inspector General of Registration of Puducherry Dr. Candavelou issued the new circular to all registrars in the Union Territory.
District Registrar S. Sakthivel told The Hindu , “Provisions of the Registration Act empowers us to annul documents which were fraudulently registered. Based on the circular, we are going to initiate action shortly on a few specific complaints. We will conduct enquiry on those complaints first. If the documents are found to be executed by playing fraud, we will definitely cancel such registrations.”
“Advising the innocent petitioner to approach civil court for remedy without exercising the inherent powers available with registering officers would only add to the mental agony of the already distressed land owners.”
V. Candavelou,
Secretary of Revenue and Inspector General of Registration