Dismissal of Sub-Registrar
Balaji Bakthavathsal
(Querist) 19 December 2010
This query is : Resolved
A sub-Registrar in Tamil Nadu went ahead and registered the Sale Deed of our property in favour of a land grabbing mafia by taking bribe despite the fact that a civil suit is pending in the lower court filed by me in which he (the sub-registrar) was included as defendant and served notice and declared ex-parte by the court. Shocked by the illegal registration, I filed a WRIT in the High Court of Madras seeking cancellation of the Sale Deed Registration, narrating the full story. Unfortunately, the WRIT petition was dismissed quoting that the registration was done as per the Registration Act under Section 34 and Rule 55 which states that the registering officials need not verify the ownership of the property and as long as the buyer and seller mutually agree, their identity verified and both the parties are in sound mind, the registering official cannot deny or refuse registration and advised me to file a civil suit in the lower court for cancelling the registration. It is a pity to note that the Honourable High Court without going through the gravity of the petition and detailed probe, asked me to file a separate suit in the lower court which is not only a financial burden to me but also a time consuming one and it increases the burden of the lower court also.
In the meanwhile the sub-registrar who registered the sale deed was dismissed from the service. Surprised by the dismissal of the sub-registrar, I raised a query to the Inspector General of Registration asking him the cause of dismissal of the Sub-Registrar under the Right To Information Act. I was intimated that the sub-registrar was dismissed from service for acquiring property without intimating the Head of the Department. I do not accept it as a valid reason since a major penalty cannot be imposed for merely possessing immovable property without prior permission. My acceptance is not a matter of concern but I want to know that whether such a major punishment can be awarded instead of initiating disciplinary action so that I can put forth the fact to the court and seek justice. I expect your valuable points in this regard.
Thanks & Regards
Balaji
Ajay Bansal
(Expert) 20 December 2010
FILE A CRIMINAL COMPLAINT IN THE COURT.
Guest
(Expert) 20 December 2010
You have not told us what Suit you filed in the lower court asking what relief? However, you may lodge a Police Complaint with the Commissioner of Police, (Land Grabbing Cell), Egmore, Chennai. For any legal services, you may contact me with all details and drafting of a Complaint. In addition, you may file an injunction suit to prevent others from entering your property.
Balaji Bakthavathsal
(Querist) 20 December 2010
Respected Gurunarayana rao,
I filed a suit in the lower court against unauthorised trespassing in my property, Not affecting my peaceful possession and to prevent any encumbrance being made on my property. The Sub-Registrar and the District Registrar were included as defendents.
