Amrudeen vs The Sub Registrar
2022 Latest Caselaw 16689 Mad

                                                                          W.P(MD)No.2954 of 2015

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 19.10.2022

                                                     CORAM

                                  THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

                                              W.P(MD)No.2954 of 2015
                                                      and
                                               M.P(MD)No.1 of 2015

                     Amrudeen                                                  ... Petitioner

                                                       Vs.

                     1.The Sub Registrar,
                       Manamelkudi,
                       Pudukottai District.

                     2.Jalman Parisha                                         ... Respondents

                     PRAYER : Writ Petition filed under Article 226 of the Constitution of
                     India, praying this Court to issue a Writ of Declaration, to declare that
                     the cancellation of settlement deed executed by the second respondent,
                     dated 10.11.2014, registered as document No.1260/2014 on the file of
                     the first respondent, by cancelling the settlement deed executed by the
                     second respondent in favour of the petitioner, dated 02.12.2011,
                     registered as document No.1662/2011 on the file of the first respondent
                     is null and void and not binding upon the petitioner and his possession
                     over the vacant site in Survey No.199/1B3 to an extent of 2880 sq.ft.
                     situated at Kodikulam Village, Manamelkudi Taluk.


                     1/4
https://www.mhc.tn.gov.in/judis
                                                                                 W.P(MD)No.2954 of 2015




                                         For Petitioner    : M/s.D.Venkatesh

                                         For R-1           : M/s.K.S.Selvaganesan
                                                             Additional Government Pleader
                                         For R-2           : No appearance


                                                           ORDER

The present Writ Petition has been filed for a Writ of Declaration,

to declare the cancellation of settlement deed executed by the second

respondent, dated 10.11.2014, in document No.1260/2014 on the file of

the first respondent is null and void and not binding upon the petitioner.

The second respondent in the writ petition is the owner of the property

and she has executed a registered settlement deed in favour of her

husband, who is the writ petitioner herein on 02.12.2011.

2. A perusal of the said settlement deed clearly indicates that she

has not reserved any right to revoke the said settlement deed and no

conditions have been imposed in the said settlement deed as against the

writ petitioner. However, the second respondent has chosen to

unilaterally cancel the said settlement deed on 10.11.2014. The said

https://www.mhc.tn.gov.in/judis W.P(MD)No.2954 of 2015

cancellation has been registered by the first respondent herein. The

registration of the said cancellation deed is under challenge in the present

writ petition.

3. The Hon'ble Full Bench of this Court in a judgment reported in

2022 (5) CTC page 257 has held that, the first respondent herein will not

have any jurisdiction to entertain a unilateral cancellation deed of an

already registered settlement deed, especially when there is no clause for

revocation of the settlement deed.

4. In view of the Hon'ble Full Bench judgment, the writ petition

stands allowed. However, the second respondent is at liberty to approach

the competent civil Court for cancellation of the original settlement deed,

dated 02.12.2011, if she is so advised. There shall be no order as to costs.

Consequently, connected Miscellaneous Petition stands closed.

                                                                                     19.10.2022
                     Index              :     Yes / No
                     Internet           :     Yes / No
                     btr




https://www.mhc.tn.gov.in/judis
                                                  W.P(MD)No.2954 of 2015

                                              R.VIJAYAKUMAR, J.

                                                                     btr
                     To

                     The Sub Registrar,
                     Manamelkudi,
                     Pudukottai District.




                                                     Order made in
                                            W.P(MD)No.2954 of 2015




                                                           19.10.2022





https://www.mhc.tn.gov.in/judis