Madras High Court has canceled the disputed sale deed of 1.35 acres of land of Palani Math. The court said that it was registered without listening to the Math. A sub-registrar and district registrar have been suspended in this case and CB-CID is investigating.
Chennai (Tamil Nadu) [भारत]July 16 (ANI): The Madurai Bench of the Madras High Court on Wednesday admitted an appeal filed by Arulmigu Dandapani Swamigal Mutt of Palani. The Court categorically declared as “null and void” a highly controversial sale deed executed in favor of certain persons in respect of 1.35 acres of land situated at Palani in Dindigul district.
The division bench of Justices CV Karthikeyan and R Sakthivel overturned the previous order of the single bench. In that lower order the Sub-Registrar was directed to register the sale deed if the document was found to be correct in all other respects.
There was a major flaw in the single bench hearing
On reviewing the case, the Division Bench found a serious flaw in the initial proceedings: the appellant Math was not impleaded as a party before the Single Bench, and the Sub-Registrar had not considered the objections raised by the Math before rushing to register the document.
In its appeal, the Mutt strongly opposed the original judgment, arguing that the single bench order was contrary to law as well as the facts of the case and, therefore, required intervention. The Institute further argued that the writ petition should not have been allowed at the entry stage without giving an opportunity of being heard to all the necessary parties.
Math arguments
According to the monastery’s legal arguments, the entire process was systematically designed to circumvent their oversight. The Mutt argued that the writ petition seeking registration of its property was filed without impleadment of the appellant as a necessary party, rendering the proceedings improper and illegal. He further said that the sale deed was executed as if the property belonged to a private trust, whereas it was the property of the Math. The Mutt alleged that the writ petition was allowed behind the back of the appellant.
Further, the Mutt argued that the single bench failed to take into account the fact that the petitioner had concealed the fact that possession of the property was actually with Thakkar. Allowing the registration to stand despite these gross discrepancies will only create unnecessary complications and disputes.
The blame fell on the officers, CB-CID will investigate
After this decision of the High Court, disciplinary action has started swiftly within the registration department of the state. Sub-registrar (in-charge) Justin Manikandan Subramaniam, who originally registered the disputed document, has since been suspended. To avoid arrest, Subramaniam applied for anticipatory bail in the High Court. In his petition, he defended his action saying that the registration was done in compliance with the order passed by the High Court.
This has consequences for further up the administrative ladder. The Registration Department has also suspended District Registrar Sasikala. The case has been handed over to special investigators as the state moves to investigate possible collusion or fraud.
Justice K. Rajasekhar directed the Crime Branch-Criminal Investigation Department (CB-CID) to file its reply regarding the situation and officially adjourned the hearing to July 17. (ANI)
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