Madras High Court
M.K.M.Rahmathulla vs The Sub-Registrar on 12 October, 2022
W.P(MD)No.6429 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.10.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.6429 of 2015
and
M.P(MD)No.2 of 2015
1.M.K.M.Rahmathulla
2.M.K.M.Abdul Kuthoose
3.M.K.M.Kadher Mohideen
4.M.K.M.Mohammed Masood ... Petitioners
Vs.
1.The Sub-Registrar,
Kadayanallur,
Thenkasi Taluk,
Tirunelveli District.
2.M.K.M.Abdul Wahab ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorari, calling for the
records relating to the impugned cancellation deed, dated 07.04.2014 and
registered as document No.1070 of 2014 in the office of the Sub-
Registrar, Kadayanallur, Thenkasi Taluk, Tirunelveli District, the first
respondent herein and quash the same.
1/5
https://www.mhc.tn.gov.in/judis
W.P(MD)No.6429 of 2015
For Petitioners : M/s.A.Ilaya Perumal
For R-1 : M/s.S.Jeyapriya
Government Advocate
For R-2 : Mr.A.Nister Hakkeem
ORDER
The present Writ Petition has been filed challenging the
registration of a cancellation deed of an already registered release deed.
2. According to the learned Counsel for the petitioners, the
petitioners and the second respondent herein are co-sharers and they
have entered into a registered release deed on 18.07.2013 and the same
was registered before the first respondent herein. Thereafter, on
07.04.2014, the second respondent has unilaterally cancelled the said
release deed. The said cancellation deed has been registered by the first
respondent herein. The said registration is under challenge in the present
writ petition.
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W.P(MD)No.6429 of 2015
3. Once the document has been registered and released, the first
respondent will not have any jurisdiction to entertain the document for
cancelling the said registered release deed. A perusal of the release deed
indicates that the second respondent and his family members have
received a sum of Rs.6,00,000/- towards consideration for executing the
release deed in respect of the property in dispute.
4. The Hon'ble Full Bench of this Court in a judgment reported in
2022 (5) CTC page 257 has held that, the Sub-Registrar will not have
any jurisdiction to entertain a document, under which, the previously
executed registered release deed is being cancelled.
5. In view of the above said legal position, the writ petition stands
allowed. Document No.1070/2014 on the file of the first respondent is
directed to delete from the encumbrance certificate. However, the second
respondent is at liberty to approach the competent civil Court to resolve
the civil dispute.
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W.P(MD)No.6429 of 2015
6. With the above said observations, the writ petition stands
allowed. There shall be no order as to costs. Consequently, connected
Miscellaneous Petition stands closed.
12.10.2022
Index : Yes / No
Internet : Yes / No
btr
To
The Sub-Registrar,
Kadayanallur,
Thenkasi Taluk,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.6429 of 2015
R.VIJAYAKUMAR, J.
btr
Order made in
W.P(MD)No.6429 of 2015
12.10.2022
https://www.mhc.tn.gov.in/judis
