Madras High Court
M.Muthukumar vs The Inspector General Of ... on 12 September, 2022
W.P(MD).No.8834 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD)No.8834 of 2014
and
M.P(MD) No.1 of 2014
M.Muthukumar ... Petitioner
-vs-
1. The Inspector General of Registration,
No.100, Santhome High Road,
Pattinapakkam,
Chennai – 600 028.
2. The District Registrar (Administration),
Thenkarai, Periyakulam,
Theni District.
3. The Sub Registrar,
No.I, Joint Sub Registrar's Office,
Thenkarai, Periyakulam,
Theni District.
4. R.Muthukrishnan .... Respondents
1/5
https://www.mhc.tn.gov.in/judis
W.P(MD).No.8834 of 2014
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India for issuance of a Writ of Mandamus, directing the third respondent to
strike off the registration of cancellation deed executed by the fourth
respondent bearing document No.543, dated 18.03.2013, on the file of the
third respondent.
For Petitioner : Mr.M.Saravanan
For R1 to R3 : Mr.S.R.A. Ramachandran
Additional Government Pleader
For R4 : Mr.P.Ganapathi Subramanian
ORDER
The present Writ Petition has been filed seeking a Writ of Mandamus,
directing the third respondent to strike off the registration of cancellation
deed executed by the fourth respondent on 18.03.2013, in Document No.
543 of 2013, on the file of the third respondent.
2. According to the petitioner, the fourth respondent, namely, his
father has executed a registered settlement deed on 17.02.2000 in his favour.
As per the recitals, the said document is not revocable and cannot be
cancelled. However, the fourth respondent has chosen to cancel the
https://www.mhc.tn.gov.in/judis
W.P(MD).No.8834 of 2014
settlement deed on 18.03.2013. The said cancellation deed has been
received for registration by the third respondent herein and it has been
registered as Document No.543 of 2013.
3. A perusal of the gift deed, dated 17.02.2000, clearly indicate that it
is not a revocable document and no conditions have been imposed in the
said document. However, the fourth respondent has chosen to unilaterally
cancel the same and the third respondent has accepted the said document for
registration.
4. In view of the judgment of the Honourable Full Bench of this
Court in W.P.No.6889 of 2020 etc., batch, dated 02.09.2022, (Sasikala –
vs- The Revenue Divisional Officer and others), the Registrar has no
jurisdiction, whatsoever to accept the unilateral cancellation of the
settlement deed for registration, especially, in cases, where are no recitals
for revocation of the said document.
https://www.mhc.tn.gov.in/judis
W.P(MD).No.8834 of 2014
5. In view of the above said facts, this Writ Petition stands allowed.
The third respondent is directed to delete the said encumbrance relating to
Document No.543 of 2013, dated 18.03.2013. No costs. Consequently, the
connected Miscellaneous Petition is closed.
12 .09.2022
Index : Yes / No
Internet : Yes / No
ebsi
To
1. The Inspector General of Registration,
No.100, Santhome High Road,
Pattinapakkam,
Chennai – 600 028.
2. The District Registrar (Administration),
Thenkarai, Periyakulam,
Theni District.
3. The Sub Registrar,
No.I, Joint Sub Registrar's Office,
Thenkarai, Periyakulam,
Theni District.
https://www.mhc.tn.gov.in/judis
W.P(MD).No.8834 of 2014
R.VIJAYAKUMAR,J.
ebsi
W.P.(MD)No.8834 of 2014
12.09.2022
https://www.mhc.tn.gov.in/judis
