Registration department is most corrupt in Tamil Nadu, says Madras HC

Chennai: “It is within the public knowledge that the registration department is one of the most corrupt departments in the state and without bribe money, nothing will move and people who had the experience of visiting the registration office, would say”, said the Madras high court while posing 10 queries to be answered by the state government and the DGP.

“Even the latest raid conducted in the registration offices, a month ago, yielded huge sums of corrupt money. When the purchasing power of people has gone up and the salary got increased, people tend to purchase properties and that is the reason why number of registrations in the sub-registrar’s office has increased.

Since a number of documents are being registered in all the -registrar offices, each and every day, it is necessary for the DVAC to keep vigil on those offices to prevent demand of “bribe money” for registration. If this sorry state of affairs is in existence, one can expect the quantum of money which will have to be paid by the parties concerned to the officials in the name of “gifts” in the offices of registrars where the documents in respect of immoveable properties would be registered in large numbers”, said Justice N.Kirubakaran and posed the 10 queries.

Passing interim orders on a petition filed by T.Boopathy, Justice Kirubakaran said in this case, five documents have been submitted as early as on August 23, 2016, and August 26, 2016, for registration before the sub-registrar, Pammal, and for more than one year, nothing has been heard of by the petitioner. Even during the lifetime of petitioner’s grandfather, he had filed a petition, seeking release of documents. At least, after the filing of the petition, authorities should have been prompt enough to release the documents. However, nothing has been done and no communication has been sent giving the reasons as to why the documents have been retained or withheld without registration, which the authorities have to explain, the judge added.

The judge said if the case projected before this court was to be believed, then the situation prevailing in registrar’s offices in TN, was very difficult to be appreciated. It was stated that since CCTV cameras have been installed to oversee the functioning in such offices, third parties have been employed to collect corrupt money for registering documents. Only with a view to restrict or minimize corruption, if any, the novel idea of installation of CCTV cameras was implemented in the registration offices. But, that attempt seems to have been successfully frustrated by this kind of employment of third party people otherwise called as “middlemen” or “touts” to collect corrupt money for registering documents. N.Suresh, counsel for the petitioner, would submit that in almost all the registration departments, this menace was prevalent. “Therefore, this court impleads the state of TN, represented by its secretary, commercial taxes and registration department and the DGP as respondents in the petition”, the judge added.

Pointing out the list of persons and the details of gifts submitted by the counsel for the petitioner, the judge said if the list was to be believed, a person cannot register a document, without payment of Rs 1 lakh as bribe money for registering a one ground plot. Though the people are under the mistaken impression that our country has not advanced, they will change their opinion after seeing this scientific way of corruption. These corrupt practices would only go to show that, all was not well with the registration departments, if the allegations made by the petitioners were true, the judge added.

Court poses 10 queries to department secy, DGP

Justice N.Kirubakaran of the Madras high court has directed the state of TN represented by its secretary, commercial taxes and registration department and the DGP to answer 10 queries relating to alleged corruption prevailing in the registration offices in the state.

The ten queries are :
Q Whether the authorities are aware that the registrars and other officials of registration departments are employing third parties to collect money over and above the amount payable for registration of documents?.

Q Is there any inspection or raid made by the higher officials in this regard so far?
 
Q If raids have been conducted, then how many such raids have been conducted for the past 10 years?

Q Whether any money had been seized during such raids and if so, details to be furnished for the past 10 years with regard to the quantum of seized money?

Q How many cases have been registered under Prevention of Corruption Act and how many persons have been arrested?
 
Q If any departmental action has been taken against the erring officials and what is the result of the departmental action, so taken, pursuant to seizure of corrupt money?
 
Q If third parties have been employed for collecting money, what are the steps taken by the authorities to do away with such illegal system of collecting money, including arrest of those “touts”?.
 
Q Whether the registrars are filing their assets every year to the authorities concerned and whether any officer has been charged for having been in possession of disproportionate wealth during service?.
 
Q Whey not the registration department install digital login system so that only the officials/staff working in the said departments could enter the office so that third parties could be prevented from having access into the office?
 
Q When there is a decision of this court that three weeks’ time would be the maximum time limit either for registering or returning the document, why the sub-registrar, Pammal, has retained the documents of the petitioner for more than one year?.

The judge posted to December 4, further hearing of the petition filed by T.Boopathy.