Madras High Court
Dr.A.Ganesan vs The Inspector General Of ... on 27 April, 2022
W.A.Nos.1076, 1078, 1083, 1090, 1097, 1081 and 1108 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.04.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.Nos.1076, 1078, 1083, 1090, 1097, 1081 and 1108 of 2022
Dr.A.Ganesan .. Appellant in
all appeals
Vs
The Inspector General of Registration,
Santhome, Mylapore,
Chennai - 600 004. .. Respondent No.1
in all appeals
The Sub-Registrar,
Madhuranthagam,
Kancheepuram District. .. Respondent No.2
in W.A.1076/2022
The Sub-Registrar,
Adyar, Chennai. .. Respondent No.2
in W.A.1078/2022
The Sub-Registrar,
Neelankarai,
Chennai. .. Respondent No.2
in W.A.1083/2022
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W.A.Nos.1076, 1078, 1083, 1090, 1097, 1081 and 1108 of 2022
The Sub-Registrar,
Velachery, Chennai. .. Respondent No.2
in W.A.1090/2022
The Sub-Registrar,
Mylapore,
Chennai-600 004. .. Respondent No.2
in W.A.1097/2022
The Sub-Registrar,
Pallavaram,
Chennai. .. Respondent No.2
in W.A.1081/2022
The Sub-Registrar,
Chennai Central,
Thousand Lights,
Chennai. .. Respondent No.2
in W.A.1108/2022
Prayer: Appeals under Clause 15 of the Letters Patent against the
order dated 09.11.2021 in W.P.Nos.20612, 20626, 20620, 20624,
20615, 20630 and 20617 of 2021.
For the Appellant : Mr.K.Mohan
for M/s.P.M.Sozendiran
For the Respondents : Mr.P.Muthukumar
State Government Pleader
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W.A.Nos.1076, 1078, 1083, 1090, 1097, 1081 and 1108 of 2022
COMMON JUDGMENT
(Delivered by the Hon'ble Chief Justice)
By these writ appeals, a challenge is made to the order dated
09.11.2021, whereby a batch of writ petitions was decided by the
learned Single Judge. The challenge in the writ petitions was to the
denial of registration of the cancellation of settlement deeds when
presented. The denial to register the cancellation of settlement deeds
was on the ground that it did not contain the signature of all parties,
but only one party, thus, it is unilateral cancellation of settlement
deeds. The learned Single Judge did not find any illegality in the action
of the respondents to deny registration of such documents.
2. Learned counsel for the appellant submitted that the
settlement deeds were entered between the son and father and now
the son died, thus, there was a need to cancel the settlement deeds by
one party only, because the second party was not available.
Therefore, a unilateral cancellation of settlement deeds should have
been registered by the Sub-Registrar concerned.
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W.A.Nos.1076, 1078, 1083, 1090, 1097, 1081 and 1108 of 2022
3. The argument advanced by learned counsel for the appellant,
on the stated facts, cannot be accepted contrary to the provision of
law and if we lay down a proposition for registration of the cancellation
of settlement deeds executed unilaterally, it would apply to all
situations, not permissible in law and, therefore, the learned Single
Judge has rightly dismissed the writ petitions by passing a detailed
order after referring to the facts as well as the provision of law. We do
not find any error in the order of the learned Single Judge so as to
cause interference in the order impugned herein.
4. The writ appeals fail and they are dismissed. There will be no
order as to costs.
(M.N.B., CJ) (D.B.C., J.)
27.04.2022
Index : Yes/No
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W.A.Nos.1076, 1078, 1083, 1090, 1097, 1081 and 1108 of 2022
To:
1.The Inspector General of Registration,
Santhome, Mylapore,
Chennai - 600 004.
2.The Sub-Registrar,
Madhuranthagam, Kancheepuram District.
3.The Sub-Registrar,
Adyar, Chennai.
4.The Sub-Registrar,
Neelankarai, Chennai.
5.The Sub-Registrar,
Velachery, Chennai.
6.The Sub-Registrar,
Mylapore, Chennai-600 004.
7.The Sub-Registrar,
Pallavaram, Chennai.
8.The Sub-Registrar,
Chennai Central,
Thousand Lights,
Chennai.
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W.A.Nos.1076, 1078, 1083, 1090, 1097, 1081 and 1108 of 2022
THE HON'BLE CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY, J.
bbr
W.A.Nos.1076, 1078, 1083, 1090, 1097, 1081 and 1108 of 2022
27.04.2022
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