Madras High Court
P.Kalaidevi vs The Deputy Inspector General Of ... on 24 February, 2021
W.P.No.4008 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.02.2021
CORAM: JUSTICE N.SESHASAYEE
WP.No.4008 of 2021
&WMP.Nos.4579 & 4580 of 2021
P.Kalaidevi ...Petitioner
-Vs-
1.The Deputy Inspector General of Registration,
Registration Department,
Cuddalore District.
2.The District Registrar,
Registration Department,
Kallakurichi.
3.The Sub Registrar,
Thiyagathurugam,
Kallakurichi District.
4.R.Panner Selvam
5.Kaviarasan minor,
Rep. by his natural guardian (father)
Mr.R.Paneerselvam, ...Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Certiorarified Mandamus, to call for the records
of the order of the 1st Respondent in his proceedings
Na.Ka.No.1015/E/2020 dated 19.10.2020 and to quash the same as
1/6
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W.P.No.4008 of 2021
being illegal and unsustainable in law, to direct the 1 st respondent to
cancel the settlement deed dated 12.04.2019 registered as
Doc.No.1035/2019 before the SRO Thiyagathrugam, Kallakurichi
District in the light of Judgment and decree in OS.No.179/1998 dated
30.08.2012 and also in OS.No.156/2013 dated 02.11.2019.
For Petitioner : Mr.K.Thenrajan
For R1 to R3 : Mr.T.M.Pappiah
Special Government Pleader
ORDER
The petitioner seeks cancellation of a settlement deed dated 12.04.2019
in the light of the Judgment and Decree in O.S.No.179 of 1998 dated
30.08.2012 and the Judgment and Decree in O.S.No.156 of 2013 dated
02.11.2019.
2.Mr.T.M.Pappiah, learned Special Government Pleader takes notice for
respondents 1 to 3 and made a statement that based on the Judgement of
the Hon'ble Supreme Court in Satya Pal Anand Vs. State of Madhya
Pradesh & others [2016 10 SCC 767], the prayer is not maintainable. He
however, clarified that without canceling the document, the Sub Registrar
can make necessary entries in book I based on the Judgement and the
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W.P.No.4008 of 2021
Decree in O.S.No.179 of 1998 dated 30.08.2012 and O.S.No.156 of
2013 dated 02.11.2019. He also suggested that the petitioner also has an
option to register the very decree under Section 17(2) of the Registration
Act.
3.This Court finds merit in the submissions of the learned Special
Government Pleader.
4.The Sub Registrar/third respondent may now hold an enquiry after
issuing notice to all the parties concerned and make necessary entries in
Book I.
5.The petitioner is therefore, now directed to file a fresh representation
before the Sub Registrar/third respondent within a period of two weeks
from the date of receipt of a copy of this order to enable the third
respondent to consider if the petitioner has a case for the Sub
Registrar/third respondent to make any necessary entries in Book-I. He is
also at liberty to require the Sub Registrar to register the very Judgment
and Decree in O.S.No.179 of 1998 and O.S.No.156 of 2013 under
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W.P.No.4008 of 2021
Section 17(2)(6) of the Registration Act.
6.The Writ Petition is accordingly disposed of. No costs. Consequently,
the connected miscellaneous petitions are closed.
24.02.2021
Index : Yes/No
Internet : Yes/No
Tsg
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W.P.No.4008 of 2021
To
1.The Deputy Inspector General of Registration,
Registration Department,
Cuddalore District.
2.The District Registrar,
Registration Department,
Kallakurichi.
3.The Sub Registrar,
Thiyagathurugam,
Kallakurichi District.
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W.P.No.4008 of 2021
N.SESHASAYEE, J.,
Tsg
Order made in
W.P.No.4008 of 2021
24.02.2021
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