சுற்றறிக்கை எண்.1/2023

What the circular governs

Circular No. 1/2023 of the Tamil Nadu Registration Department concerns complaints seeking action under section 77A of the Registration Act, 1908. The document states that Tamil Nadu Act 41 of 2022 introduced sections 77A and 77B for cancellation of fraudulent documents, with effect from 16 August 2022.

The procedure follows directions issued by the Madras High Court concerning the systematic handling of applications and appeals.

Who may be affected

Circular No. 1/2023 directly affects:

• People filing land grabbing complaints under section 77A.
• Complainants and opposite parties participating in an enquiry.
• Parties requesting urgent disposal of an application or appeal.
• District Registrars and other Registration Department officers handling these matters.

Only cases falling under sections 22A and 22B may be taken up under this process. Civil disputes concerning ownership rights must not be enquired into through this procedure.

Registration and order of enquiry

The Tamil Nadu Registration Department requires every section 77A complaint to be entered serially in a register. The register must record:

• Date of receipt.
• Complainant's name and address.
• Sub Registrar Office and document number.
• Names and addresses of the document executant, purchaser and witnesses.
• Remarks.

The complainant must be informed by letter of the serial number and that the complaint will be taken up according to seniority. A similar register must be maintained at the office of the Head of the Registration Department for appeals.

Enquiry procedure

District Registrars must begin enquiries strictly in register order. Notices must be sent to the complainant and opposite party. At the first hearing, each side's petition and evidence must be supplied to the other side, with acknowledgement obtained. Both sides must receive appropriate time to present their arguments before a final decision is issued.

After the final decision, the register entry must be circled in red ink and the decision date entered in the remarks column.

Urgency, extensions and officer accountability

Priority may be granted only when the applicant gives written reasons for urgency and the officer considers them genuine. Otherwise, the request must be rejected and normal seniority followed.

Reasonable extensions may be allowed during an enquiry. Further time may be refused if extensions are being used to delay the case.

Officers may face strict action for bias, unnecessary delay, unjustified priority, negligence or failure of duty. Regional Deputy Heads of the Registration Department must inspect compliance and immediately report violations to the Head of the Registration Department.