W.P(MD)No.4112 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.09.2022
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD).No.4112 of 2015
and
M.P(MD).No.1 of 2015
S.Nazurudeen,
: Petitioner
Vs
1. The District Registrar,
Registration Department,
Office of the District Registrar,
Round Road Pudur,
Dindigul.
2. The Joint Sub Registrar No.1,
Registration Department,
O/o the District Registrar,
Round Road Pudur, Dindigul.
3. P.S. Syed Mohammed,
4. A. Haji Ali,
: Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, calling for the
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W.P(MD)No.4112 of 2015
records relating to the registration of the impugned Cancellation of Settlement
Deed dated 03.07.2013 bearing Document No. 1657/13 executed unilaterally
by the third respondent on the file of the second respondent and quash the
same as illegal and consequently direct the second respondent to delete the
entry on his file.
For Petitioner : Mr.R.R.Kannan
For R1 and R2 : Mrs. S.Jeyapriya
Government Advocate
For R3 : Mr.R.Shankarganesh
ORDER
The present writ petition has been filed challenging the unilateral cancellation of the settlement deed executed by the third respondent in favour of his son, who is the writ petitioner herein.
2.According to the petitioner, the third respondent has executed a registered settlement deed in favour of the petitioner on 11.03.2003. There is a specific clause in the said settlement deed that the third respondent has no right whatsoever to cancel or modify the said settlement deed. However, the 2/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.4112 of 2015 third respondent has cancelled the said settlement deed on 03.07.2013. The said document was received for registration by the second respondent and registered the same as document No.1657 of 2013. Hence this petition had been filed.
3.In view of the judgment of the Full Bench of this Court, in W.P(MD)Nos. 6889, 8330, 11674 of 2015, 1327 of 2020, W.A(MD)No.800 of 2022 and CMP(MD)No.6797 of 2022, dated 02.09.2022 , the Registrar has no jurisdiction whatsoever to accept a document, under which a previously registered deed is sought to be unilaterally cancelled by the settlor, especially, when there is no power for the settlor to revoke the settlement deed.
4.In view of the above said facts, the registration of document No.1657 of 2013, dated 01.07.2013, on the file of the second respondent is hereby set aside. The second respondent is directed to delete the entries relating to the above said document.
5.With the above direction, this writ petition stands allowed. No costs.
However, the private respondents are at liberty to approach the competent 3/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.4112 of 2015 civil Court for getting appropriate remedy.
6.Consequently, connected miscellaneous petition is closed.
27.09.2022 Index : Yes / No Internet : Yes/ No lr To
1. The District Registrar, Registration Department, Office of the District Registrar, Round Road Pudur, Dindigul.
2. The Joint Sub Registrar No.1, Registration Department, O/o the District Registrar, Round Road Pudur, Dindigul.
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