High Court · 2025

W.P.No.35308 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 29.01.2025CORAM:THE HONOURABLE MS.JUSTICE P.T.ASHAW.P.No.35308 of 2024R.Shanthakumari...Petitioner Vs1.The Inspector General of Registration, No.100, Santhome High Road, Chennai – 600 028.2.The Sub Registrar, Office of Sub Registrar, Manavalanagar.3.Jayalakshmi4.Sukumar5.Mohan Rao6.Kanniah Naidu7.Ramadas8.Chithirai...RespondentsPRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus, calling for the records of impugned order I issued by 2nd respondent in N.A.No.25/2024 dated 12.07.2024 and consequential impugned order II issued by 2nd 1/8 https://www.mhc.tn.gov.in/judis W.P.No.35308 of 2024respondent in N.A.No.25/2024 dated 7.8.2024 and quash the same as illegal arbitrary and non-est in law and consequently direct the 2nd respondent to register the sale deed dated 14.03.2024 without insisting on the Life Certificate of Principals by the power agent.For Petitioner: Mr.P.Dinesh Kumar for M/s.Eswar, Kumar and RaoFor Respondents: Mr.C.Meera Arumugam (for R1 & R2) Additional Government Pleader ORDERThe above Writ Petition is filed to quash the orders passed by the second respondent dated 12.07.2024 and 07.08.2024.2.Petitioner R.Vijaykiran in connected W.P.No.35304 of 2024, who is the son of Shanthakumari, petitioner herein would submit that Shop No.5 comprised in the approved layout No.470/88, measuring an extent of 3450 sqftm, a portion measuring an extent of 19 cents comprised in S.No.21/4 and another extent of 25/5, Nungambakkam village, Thiruvallur Taluk belonged to one Rajagopal and Ellapan by way of inheritance. An extent of 40 cents in S.No.21/2 and 14 cents in S.No.21/5 was owned by one Kannaih Naidu who subsequently transferred it to his son Mohan Rao. The said Rajagopalan and Ellapan had executed an irrevocable general power of attorney in favour of 2/8 https://www.mhc.tn.gov.in/judis W.P.No.35308 of 2024K.Ranganathan and R.Shanthakumari on 26.04.1990 which is registered on the file of the SRO, Anna Nagar. The other vendor namely Kannaih Naidu and Mohan Rao had also jointly executed a power of attorney in favour of Ranganathan on 17.05.1989 registered as document No.740/1989 on the file of the SRO, Anna Nagar. Thereafter the power agents pursuant to this power had formed a layout in the above said survey numbers and obtained DTCP approval No.470 of 1988 as Sri Vishnu Nagar. The power of attorney confer rights upon the power agent to transfer the property to third parties for valuable consideration. Petitioner purchased shop No.5 from out of this layout for valuable consideration and presented the same for registration on 14.03.2024 before the second respondent. The sale deed was executed by the power agent on behalf of the original owner. This document was registered and given a pending number as Pending Document P/Manavalanagar/22/2024. The petitioner had paid the requisite stamp duty and registration fees. On 12.07.2024 the second respondent had passed the impugned order calling upon the petitioner to produce the Life Certificate of the principal of the power of attorney. This is contrary to the terms of the circulars issued by the first respondent managing that the registering authorities will not insist on Life Certificate relating to 3/8 https://www.mhc.tn.gov.in/judis W.P.No.35308 of 2024members for general power of attorney executed prior to 01.02.2013. Therefore aggrieved the petitioner is before this Court challenging the impugned order dated 12.07.2024 and 07.08.2024.3.The respondents have filed counter in which they would submit that the circular relied upon by the petitioner had been over ruled by the Hon'ble Supreme Court in its judgment in SLP (C) No.30483 of 2014. The respondents would further submit that they have executed a subsequent circular on 24.08.2015 in terms of this order of the Hon'ble Supreme Court.4.Mr.Dinesh, the learned counsel for the petitioner would submit that the power of attorney in question is not simplicitor a power of attorney deed, but it is a power which is coupled with interest as the property had been purchased by the power agents from the original owners for which the power agent had paid the entire sale consideration to the original owners and had got the power of attorney executed in their favour. That apart, the circular dated 02.02.2013, makes it very clear that in respect of power of attorney of deed executed prior to 01.02.2013 it is not necessary to produce the Life Certificate. He would also state that the 4/8 https://www.mhc.tn.gov.in/judis W.P.No.35308 of 2024Hon'ble Supreme Court has not overturned this circular by stating that the Life Certificate would be applicable to powers of attorney of any year.5.M/s.C.Meera Arumugam, the learned Additional Government Pleader takes notice for R1 and R2. M/s.C.Meera Arumugam, the learned Additional Government Pleader would reiterate the contents of the counter affidavit. 6.Heard the learned counsels on either side and perused the records. 7.A perusal of the circular dated 02.02.2013 in circular No.189/C1/2013 would read that with reference to powers of attorney executed on or before 01.02.2013 there was no necessity to call for a Life Certificate. Further, another circular came to be issued on 04.04.2013, relating to documents executed after 01.02.2013. It is this circular that was the subject matter in S.L.P.C.No.30483 of 2014, where the period of thirty days was call in question. The original circular relating to powers of attorney executed prior to 01.02.2013 was in issue before the Hon'ble Supreme Court. That apart, the deed in question is one which is coupled 5/8 https://www.mhc.tn.gov.in/judis W.P.No.35308 of 2024with interest. In a judgment of this Court reported in2014 4 L.W. 347 Confederation of Real Estate Developers' Association of India Vs. State of Tamil Nadu, the circular dated 02.02.2013 was the subject matter. While considering the above, the learned Judge had observed that in cases of powers of attorney coupled with valuable consideration the same cannot be revoked even in the event the member dies. The learned Judge observed as follows in paragraph No.24:- 24.Therefore, this Court is of the considered view that in respect of the above said power of attorneys where the agency is created for valuable consideration and where the authority is coupled with interest, which are irrevocable nature, production of 'Life Certificate' of the principal does not at all arise and there is no need for the agents to produce the same. After development of the property, the power agent cannot find the buyers at a time within a period of one month to sell away the flats, in order to register the sale deeds. Therefore, there is no justification to insist upon production of 'life certificate' for every spell of one month and if the agent approaches the principal for such certificate, there is ever likelihood of demanding money or the principal riding over the agent.8.Therefore, the Writ Petition is allowed, the impugned orders of the second respondent in N.A.No.25 of 2024 dated 12.07.2024 and 07.08.2024 respectively are set aside and the second respondent is directed to register the sale deed dated 14.03.2024 within a period of two weeks from the date of its presentation by the petitioner without 6/8 https://www.mhc.tn.gov.in/judis W.P.No.35308 of 2024necessitating upon the production of the Life Certificate by following a circular dated 02.02.2013 in No.189/C1/2013 which reads as follows:8/ 1-2-2013 md;nwh mjw;F Kd;dnuh gjpt[ bra;ag;gl;l bghJ mjpfhu Mtzk; bjhlh;ghd gjpt[fSf;F nkw;go 'life certificate' nfhu ntz;oa mtrpakpy;iy/9///10/ 1-2-2013 njjpf;F gpd; gjpt[ bra;ag;gLk; bghJmjpfhu Mtz';fspy; ,t;thtzj;jpd; mog;gilapy; vGjp bfhLf;fg;gLk; Mtz';fs;; gjpt[f;F jhf;fy; bra;ag;gLk; nghJ mjpfhuk; mspj;jtupd; 'life certificate' cld; jhf;fy; bra;ag;glntz;Lk; vd;w tptuk; Mtzj;jpy; Fwpg;g[ nrh;j;J jpUk;g tH';fg;glntz;Lk;9.Accordingly, the Writ Petition is allowed with the above direction. No costs.29.01.2025(¾)Index: Yes/NoInternet: Yes/NoSpeaking Order/Non Speaking Orderep P.T.ASHA , J, ep7/8 https://www.mhc.tn.gov.in/judis W.P.No.35308 of 2024To1.The Inspector General of Registration, No.100, Santhome High Road, Chennai – 600 028.2.The Sub Registrar, Office of Sub Registrar, Manavalanagar.W.P.No.35308 of 202429.01.2025(¾)8/8