Madras High Court
G.Kalaimagal vs The Sub Registrar on 18 October, 2022
W.P(MD)No.14690 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.10.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.14690 of 2015
and
M.P(MD)No.1 of 2015
G.Kalaimagal ... Petitioner
Vs.
1.The Sub Registrar,
Sub registration Office,
Chokkikulam, Madurai.
2.V.Srinivasan ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus, to
call for the records of the first respondent registering the impugned
cancellation deed of Settlement in Doc.No.5478 of 2009 dated
30.11.2009 executed by the second respondent and quash the same and
further direct the first respondent to remove the entry made regarding
Doc.No.5478 of 2009 dated 30.11.2009 in Book No.1 of his office.
1/5
https://www.mhc.tn.gov.in/judis
W.P(MD)No.14690 of 2015
For Petitioner : Mr.K.Chengiz Khan
For R1 : Mr.K.S.Selva Ganesan
Additional Government Pleader
For R2 : Mr.G.Vishnu Ram
for Mr.G.Raghul
ORDER
The present writ petition has been filed challenging registration of
unilateral cancellation of a settlement deed.
2. According to the petitioner, her father who is the second
respondent herein had executed a registered settlement deed in her favour
on 20.11.2009 and thereafter, the said settlement deed has been
unilaterally cancelled by the second respondent by way of a document,
dated 30.11.2009. The registration of the said document by the first
respondent is under challenge in the present writ petition.
3. According to the learned counsel for the petitioner, the
settlement deed was executed by the second respondent in favour of the
writ petitioner out of love and affection and it has been specifically
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W.P(MD)No.14690 of 2015
recited in the said settlement deed that her father, namely the second
respondent has not reserved any right to cancel the said documents.
Despite the said recital, the second respondent has unilaterally cancelled
the said documents and it has been registered by the first respondent
herein. Hence, the present writ petition has been filed to set aside the said
cancellation of the settlement deed.
4. The Hon'ble Full Bench of this Court, by its judgment, dated
02.09.2022 in W.P(MD)Nos.6889,8330,13297 of 2020, 11674 of 2015
and W.A(MD)No.800 of 2022 has held that the first respondent will not
have any jurisdiction, whatsoever to entertain an deed for cancellation of
a settlement deed, which has already been registered, especially, when
there is no clause for revocation of the said settlement deed.
5. The learned counsel for the petitioner brought to the notice of
the Court that the second respondent has already filed O.S.No.239 of
2015 on the file of the District Munsif Court (Taluk), Madurai and the
same has already been withdrawn by the second respondent herein.
6. In view of the Full Bench judgment, this Writ Petition stands
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W.P(MD)No.14690 of 2015
allowed. The first respondent is directed to delete the entry relating to
Document No.5478 of 2009, dated 30.11.2009 said to have been
unilaterally executed by the second respondent herein.
7. In view of the above said facts, this Writ Petition stands
allowed. No costs. Consequently, connected Miscellaneous Petition is
closed.
18.10.2022
Index : Yes / No
Internet : Yes / No
gbg
To
The Sub Registrar,
Sub registration Office,
Chokkikulam, Madurai.
R.VIJAYAKUMAR ,J.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.14690 of 2015
gbg
Order made in
W.P(MD)No.14690 of 2015
Dated:
18.10.2022
https://www.mhc.tn.gov.in/judis
