Registration Act, 1908 – The respondents are directed to correct the discrepancies in the website entries at the earliest and without delay as and when pointed out. The registering authorities cannot decline to register documents offline since online registration is only at the pilot run stage.
Registration Act, 1908 – The registering authorities cannot refuse to receive the documents for registration by insisting that the registrants must pay stamp duty only as per the guideline valuation shown in the website register. The statutory function of index creation must be performed only by the Sub Registrar and this task cannot be passed on to the document writers or the registrants themselves.
Facts of the Case
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to rectify the defect in the Guideline value of lands in the website of the 1st respondent Department at par with the records in the concerned Sub Registrar Offices of Tamil Nadu and a direction to engage persons with proper training from the Registration Department for creation of “INDEX” to the documents presented for online registration and a further direction forbeating the respondents herein from implementing online registration of documents until the defects in the system and server are completely rectified.
Pronounced on : 04.12.2017
CORAM : THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.15739 of 2017 and W.M.P.(MD) No.12457 of 2017
Sankaralingam … Petitioner vs. 1. The Secretary to State Government of Tamil Nadu, Registration Department, Chennai. 2. Inspector General of Registration, Registration Department, No.100, Santhome High Road, Chennai. … Respondents
For Petitioner : Mrs.Lakhsmi Gopinathan For Respondents : Mr.B.Pugalendhi, AAG assisted by Mr.M.Govindan,Spl. G.P.
O R D E R
(Order of the Court was made by G.R.SWAMINATHAN, J.)
The petitioner claims to be doing Real Estate business in Sivakasi for the last 30 years. He is aggrieved by the notice affixed by the Sub Registrar, Registration Department, Sivakasi, informing the public that from 01.08.2017 registration of documents will be done only online. This notice is said to be pursuant to the instruction issued by the I.G. of Registration vide RC No.55969/CS1/2013 dated 25.07.2017.