Madras High Court
S.N.Somesh Kumar vs The Sub-Registrar on 3 January, 2022
W.P.No.27557 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.27557 of 2021
S.N.Somesh Kumar ... Petitioner
Vs
The Sub-Registrar,
Royapuram,
T.H.Road,
Chennai – 600 021. ... Respondent
Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the respondent to enter and
register an entry in records Book I of the order passed by XII Assistant, City
Civil Judge on 28.01.2010 in O.S.No.2049 of 2005, in respect of the
property situated at Old No.31, New No.30, Thandavaraya Gramani Street,
Chennai – 600 021, measuring 1,716 sq.feet comprised in R.S.No.3667/78,
Block No.55, Corporation Division No.4, Tondiarpet Village, Fort
Tondiarpet Village, Fort Tondiarpet, Chennai District.
For Petitioner : Mr.Kumarpal Chopra
For Respondent : Mr.Yogesh Kannadasan
Special Government Pleader
1/4
https://www.mhc.tn.gov.in/judis
W.P.No.27557 of 2021
ORDER
This Writ Petition is filed to issue a Writ of Mandamus to direct
the respondent to enter and register an entry in records Book-I of the order
passed by the learned XII Assistant Judge, City Civil Court, Chennai on
28.01.2010 in O.S.No.2049 of 2005, in respect of the property situated at
Old No.31, New No.30, Thandavaraya Gramani Street, Chennai – 600 021,
measuring an extent of 1,716 sq.feet, comprised in R.S.No.3667/78, Block
No.55, Corporation Division No.4, Tondiarpet Village, Fort Tondiarpet
Village, Fort Tondiarpet, Chennai District.
2. The petitioner's mother settled a portion of the land and building
comprised in R.S.No.3667/78 situated at Old.No.31, New No.30,
Thandavaraya Gramani Street, Chennai – 600 021, ad-measuring an extent
of 1,716 sq.feet in favour of the petitioner, by the registered settlement deed
dated 11.08.1989, vide Document No.1257 of 1989. However, his mother
cancelled the settlement deed unilaterally by the deed of cancellation of
settlement registered as Document No.2754 of 2004. Therefore, it was
challenged by the petitioner in O.S.No.2049 of 2005 on the file of XII
Assistant City Civil Court, Chennai for declaration and the same was
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W.P.No.27557 of 2021
decreed in his favour by the judgment and decree dated 14.02.2006.
Aggrieved by the same, his mother filed an Appeal Suit in A.S.No.417 of
2010 on the file of the I Additional City Civil Court, Chennai and it was
dismissed on 24.09.2014. Even then, the encumbrance in respect of the
subject property had shown the cancellation of settlement deed. Therefore,
the petitioner made representation to the respondent to remove the
encumbrance by entering the judgment and decree passed in O.S.No.2049 of
2005.
3. Considering the above facts and circumstances of the case, the
respondent is directed to enter and register in records Book-I of the order
passed by the learned XII Assistant Judge, City Civil Court, Chennai on
28.01.2010 in O.S.No.2049 of 2005, in respect of the property situated at
Old No.31, New No.30, Thandavaraya Gramani Street, Chennai – 600 021,
measuring an extent of 1,716 sq.feet comprised in R.S.No.3667/78, Block
No.55, Corporation Division No.4, Tondiarpet Village, Fort Tondiarpet
Village, Fort Tondiarpet, Chennai District, within a period of two weeks
from the date of receipt of a copy of this order.
https://www.mhc.tn.gov.in/judis
W.P.No.27557 of 2021
G.K.ILANTHIRAIYAN, J.
kv
4. In the result, this Writ Petition is allowed as prayed for. No
costs.
03.01.2022
Index:Yes/No
Speaking Order: Yes
kv
To
The Sub-Registrar,
Royapuram,
T.H.Road,
Chennai – 600 021.
W.P.No.27557 of 2021
https://www.mhc.tn.gov.in/judis
