The Madras High Court bench today dismissed a petition challenging the circular of Inspector General of Registration giving some guidelines for registering a property, like power agents submitting a life certificate affixing the photo of the principal certified by a registered medical practioner.
Dismissing the petition by one S Murugesan, Justice R Subbiah said the petitioner had no locus standi to file the case as he was not individually affected by the circular.
"Though the Petitioner has questioned the impugned circular in general, he had not made out any valid ground to quash the same. The Petition was also devoid of Merits".
The Petitioner submitted that as per the circular the Power agent has to submit a life certificate of his Principal affixing a photo of the principal and the same should be certified by a registered Medical Practioner or "A"grade officer from the State or Central Government.
The Petitioner's grievance was that the Medical officer could certify only the physical fitness of the person and not the life and hence the circular should be quashed.
The government counsel K.P.Krishnadoss submitted the objective of the circular was to safeguard the interest of the purchaser of the immovable property from the power agent.There were several complaints from the public alleging that even after the death of the Principal(owner of the property), the properties were being sold by the power agent.
If the owner of the property, who had given power to somebody to sell the Immovable property died ,the Power document would become null and void. In such cases the purchaser who spent several lakhs would lose the valid title.
In order to prevent such frauds the valid circular had been issued. Besides the life certificate is valid only for one month,he said and sought to dismiss the petition.
