Madras High Court
C.Sam Bennet Satheesh vs The Inspector General Of ... on 8 July, 2021
W.P.(MD)No.11383 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.07.2021
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.11383 of 2021
C.Sam Bennet Satheesh ...Petitioner
Vs.
1. The Inspector General of Registration,
110, Santhom High Road,
Raja Annamalaipuram, Chennai-600 028.
2. The District Registrar (Administration),
Marthandam, Kanyakumari District.
3. The Sub Registrar,
Thiruvattar, Kanyakumari District.
4. P.Sudhaharan Nair ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, to issue a Writ of Declaration, to declare the deed of cancellation
dated 09.09.2020 registered as document No.2688/2020, on the file of
the third respondent as null and void and non-est in law and direct the
second and third respondents to remove the entries in the register made
pursuant to the unilateral cancellation of the pathway agreement.
For Petitioner : Mr.C.T.Perumal
For R-1 to R-3 : Mr.R.Sureshkumar,
Government Advocate
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W.P.(MD)No.11383 of 2021
ORDER
This writ petition has been filed challenging the order passed
by the second respondent dated 03.03.2021 to the extent that the second
respondent, having held the unilateral cancellation of the document to be
illegal, directed the petitioner to approach a Civil Court for the
cancellation of the document. Therefore, the petitioner is seeking for a
declaration to declare the deed of cancellation dated 09.09.2020 as
non-est in the eye of law.
2. Heard Mr.C.T.Perumal, learned counsel appearing for the
petitioner and Mr.R.Sureshkumar, learned Government Advocate
appearing for the respondents 1 to 3.
3. The case of the petitioner is that the subject property in
R.S.No.417/1A6B, measuring an extent of 9.625 cents and the adjoining
piece of land measuring an extent of 53 cents originally belonged to the
father of the petitioner, as per the partition deed, registered as Document
No.352/1979. The further case of the petitioner is that his father
executed a settlement deed in favour of the petitioner and the same was
also registered as Document No.711 of 2016.
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W.P.(MD)No.11383 of 2021
4. It is stated that the land comprised in R.S.Nos.417/4B and
417/1B is a pathway and it was enjoyed in common. The fourth
respondent and the petitioner entered into an agreement to enjoy the
pathway in common and this document dated 21.03.2018 was also
registered on the file of the third respondent in Document No.823 of
2018. Pursuant to the same, the petitioner was also enjoying the pathway
in order to access his own properties.
5. It is alleged by the petitioner that the fourth respondent
unilaterally cancelled the agreement on 09.09.2020 and submitted the
same for registration before the third respondent and the document was
also registered.
6. Aggrieved by the same, the petitioner gave a complaint /
application before the second respondent on 03.10.2020 seeking for
setting aside the registration of the document that was entertained by the
third respondent, wherein, the agreement was unilaterally cancelled. The
second respondent conducted an enquiry by issuing notice to the
petitioner and the third and fourth respondents. Ultimately, an order
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W.P.(MD)No.11383 of 2021
came to be passed by the second respondent on 03.03.2021, wherein, it
was categorically held that the unilateral cancellation is illegal and it is
opposed to the Judgment of this Court and hence, must be cancelled.
However, the second respondent, after giving such a finding, directed the
petitioner to approach a Civil Court and seek for the cancellation of the
document. Aggrieved by the same, the present Writ Petition has been
filed before this Court seeking for appropriate directions.
7. In the considered view of this Court, the second
respondent, after affording opportunity to both sides and after
considering the facts and circumstances of the case and the law on the
issue, has come to the correct conclusion that the unilateral cancellation
of the agreement is illegal and hence, it requires interference. After
having held so, there is no purpose in sending the petitioner to a Civil
Court to get the document cancelled.
8. Once the second respondent has held that the very
registration of the document is bad in the eye of law, it will be enough, if
the order is entered in the relevant register and it is reflected in the
Encumbrance Certificate with a footnote recording the order passed by
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W.P.(MD)No.11383 of 2021
the second respondent. Once this is done, the earlier entry made while
registering the document through which the agreement was unilaterally
cancelled, will automatically stand reversed. For this purpose, the
petitioner need not approach a Civil Court and waste his time.
9. In view of the above discussion, there shall be a direction
to the third respondent to make necessary entry in the relevant register /
index by recording the order passed by the second respondent on
03.03.2021. similarly, the order passed by the second respondent shall
also be reflected in the Encumbrance Certificate with a footnote. This
process shall be completed by the third respondent within a period of
four (4) weeks from the date of receipt of a copy of this order.
10. In the result, the Writ Petition stands allowed with the
above directions. No costs.
08.07.2021
Internet : Yes/No
Index : Yes/No
tsg
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.11383 of 2021
N.ANAND VENKATESH, J.
tsg
Note: In view of the present lock down owing to COVID-19 pandemic, a
web copy of the order may be utilized for official purposes, but, ensuring
that the copy of the order that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To
1. The Inspector General of Registration,
110, Santhom High Road,
Raja Annamalaipuram, Chennai-600 028.
2. The District Registrar (Administration),
Marthandam, Kanyakumari District.
3. The Sub Registrar,
Thiruvattar, Kanyakumari District.
Order made in
W.P.(MD)No.11383 of 2021
Dated 08.07.2021
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