Madras High Court
K.P.S.Abdul Azeez vs The Inspector General Of ... on 13 October, 2022
W.P(MD)No.17441 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.10.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.17441 of 2015
and
M.P(MD)No.1 of 2015
K.P.S.Abdul Azeez ... Petitioner
Vs.
1.The Inspector General of Registration,
No.100, Santhome High Road,
Pattinapakkam,
Chennai-600 028.
2.The District Registrar (Administration),
Dindigul.
3.The Sub Registrar,
Attur,
Dindigul District.
4.Chellappa @ S.Abdul Salam ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus, directing the
respondents 1 to 3 to strike off the registration of document bearing No.
714/2015, dated 18.06.2015 on the file of the third respondent.
1/5
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W.P(MD)No.17441 of 2015
For Petitioner : M/s.M.Saravanan
For R-1 to R-3 : M/s.K.S.Selvaganesan
Additional Government Pleader
For R-4 : M/s.K.Mahendran
ORDER
The present Writ Petition has been filed seeking a Writ of
Mandamus, directing the respondents 1 to 3 to strike off the registration
of documents bearing No.714/2015, dated 18.06.2015.
2. According to the learned Counsel for the petitioner, the fourth
respondent has executed a registered settlement deed in his favour on
27.10.2014 under Document No.1192/2014. Pursuant to the said
settlement deed, the petitioner got mutated the revenue records in his
favour. However, unilaterally he cancelled the said document on
18.06.2015. Hence, he has sought for a Mandamus to strike off the said
cancellation deed.
3. A perusal of the settlement deed, dated 27.10.2014, indicates
that the settlor has not reserved any right to revoke the gift deed. A
further perusal reveals that no conditions have been imposed upon the
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W.P(MD)No.17441 of 2015
writ petitioner for the execution of the said settlement deed.
4. In view of 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, already
executed settlement deed is unilaterally cancelled, especially when there
is no clause or recital in the original settlement deed for cancellation of
the document. The third respondent is directed to delete the entry relating
to registration of document No.714/2015, dated 18.06.2015.
5. In view of the Hon'ble Full Bench judgment, the writ petition
stands allowed. There shall be no order as to costs. Consequently,
connected Miscellaneous Petition stands closed.
13.10.2022
Index : Yes / No
Internet : Yes / No
btr
https://www.mhc.tn.gov.in/judis
W.P(MD)No.17441 of 2015
To
1.The Inspector General of Registration,
No.100, Santhome High Road,
Pattinapakkam,
Chennai-600 028.
2.The District Registrar (Administration),
Dindigul.
3.The Sub Registrar,
Attur,
Dindigul District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.17441 of 2015
R.VIJAYAKUMAR, J.
btr
Order made in
W.P(MD)No.17441 of 2015
13.10.2022
https://www.mhc.tn.gov.in/judis
