M S MATHIVANAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) Alleging that respondents 5 to 9 have no valid authority to execute documents relating to the properties owned by the Trust, viz., S. S. M. Foundation Trust ifor Education and Social Development as well as the educational institutions run by the Trust, viz. S.S.M. College of Engineering and Sun Shine Matriculation School, as they are ceased to be the trustees of the said Trust, the petitioner has submitted his objection to the fourth respondent for registering the documents executed by respondents 5 to 9. However, the fourth respondent, by proceedings No. 13 of 2002 and 12 of 2002 respectively, even 6-9-2002, rejected the objection of the petitioner. Hence, the petitioner seeks a writ of certiorarified mandamus calling for the records of the fourth respondent made in his letter bearing serial No. 13 of 2002 and 12 of 2002, quash the same and direct the fourth respondent to take note of the said protest letter on the ground that the fourth respondent refused, to exercise his powers conferred on him under Rule 55 of the Registration Rules (hereinafter referred to as the Rules

(2.) Rule 55 of the Rules reads as under

(3.) Mr. D. Krishna Kumar, learned Special Government Pleader, taking notice for respondents 1 to 4, submits that the fourth respondent is empowered to consider the objection of the petitioner raised on any one of the ground, viz. (a) that the parties appearing or about to appear before him are not persons they profess to be; (b) that the document is forged; (c) that the person appearing as a representative, assign or agent, has no right to appear in that capacity; (d) that the executing party is not really dead, as alleged by the party applying for registration;" or (e) that the executing party is a minor or an idiot or a lunatie.