M. MURUGESAN Vs. THE INSPECTOR GENERAL OF REGISTRATION

JUDGEMENT

(1.) The petitioner has come up with the above writ petition challenging a circular issued by the Inspector General of Registration on 2.2.2013. Heard Mr. E.R. Gurubalachandran, learned counsel for the petitioner.

(2.) By the circular impugned in this writ petition, the Inspector General of Registration made it mandatory for all persons who present documents for registration as power agents of other person to produce a certificate known as 'Life Certificate'. This is to ensure that on the date of presentation of the documents for registration by the agent, the principal was alive.

(3.) The intention of the above circular is to protect innocent purchaser from being taken for a raid by person dealing with properties as agents. Ever so many cases have come up before this Court, where the agents sell away the properties, even after the power of attorney is cancelled. Unfortunately, as per the Registration Rules, the documents of conveyance such as sale deeds are registered in Book-1. The deeds of power of attorney are registered in Book-4. Whenever, an encumbrance certificate is applied, it does not use to get reflected in the encumbrance certificate previously. This has created lot of difficulties where unscrupulous persons were taking for a raid innocent purchasers in respect of huge properties. Therefore, the object of the circular is laudable. The power of the Inspector General to issue any such circular is not questioned on any legally tenable grounds by the petitioner. The only ground raised by the petitioner is as to how could a life certificate be taken to be valid for 30 days, when nobody can guarantee the life span of any individual. Human life is so temporary and transient that no one would know the date and time of the final call. Therefore, it is contended by the learned counsel for the petitioner that such a prescription that the life certificate is valid for 30 days, is completely ridiculous. As a point of philosophy what the petitioner says is correct. But man always lives in hope. Everyday we adjourn several cases to a future date promising to hear them on that date. This also falls under the same category as projected by the petitioner. Therefore, we do not see any reason to entertain this writ petition. Hence, it is dismissed. No costs, Consequently, miscellaneous petitions are closed.