Madras High Court
S.Rajeswari vs The District Registrar on 12 September, 2022
W.P(MD).No.8788 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD)No.8788 of 2015
S.Rajeswari ... Petitioner
-vs-
1. The District Registrar,
No.32, K.M.S.K. Chettiar Complaex,
Aranthangi Road,
Pattukottai – 614 601.
2. The Joint Sub Registrar I,
Office of District Registrar,
No.32, K.M.S.K. Chettiar Complaex,
Aranthangi Road,
Pattukottai – 614 601.
3. M.Balaji
4. A.M.Sivaji
.... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India for issuance of a Writ of Certiorarified Mandamus, calling for the
entire records pertaining to Cancellation Deed dated 21.11.2013, registered
as Document Number 1829 of 2013, in Office of Joint-I, Sub Registrar at
Pattukottai, the third respondent herein and quash the same.
1/5
https://www.mhc.tn.gov.in/judis
W.P(MD).No.8788 of 2015
For Petitioner : Mr.R.Rajaraman
For R1 & R2 : M/s. S.Jeyapriya
Government Advocate
For R3 : No appearance
ORDER
The present Writ Petition has been filed challenging the action of the
Sub-Registrar in entertaining a unilateral cancellation of the settlement deed
already executed in favour of the writ petitioner.
2. According to the petitioner, the registered settlement deed had been
executed by her father viz., A.Marimuthu, through his power agent
Rajendran on 18.10.2010.
3. A perusal of the said settlement reveals that the father viz.,
A.Marimuthu has not reserved any powers to revoke the said document and
no condition has been imposed in the said document. However, the father
viz., A.Marimuthu has chosen to cancel the said settlement deed, on
21.11.2013 in Document No.1829 of 2013 before the second respondent
herein.
https://www.mhc.tn.gov.in/judis
W.P(MD).No.8788 of 2015
4. In view of the judgment of the Honourable Full Bench of this
Court in W.P.Nos.6889 of 2020 etc., batch, dated 02.09.2022, (Sasikala –
vs- The Revenue Divisional Officer and others) the Registrar has no
jurisdiction, whatsoever to entertain a document for registration under
which the settlement deed is unilaterally cancelled. Since the Registrar had
exercised jurisdiction which he does not possess, the registration of the said
cancelation deed is hereby set aside.
5. In view of the above observation, this Writ Petition stands allowed.
The second respondent is directed to cancel the registration, pertaining to
Document No.1829 of 2013, dated 21.11.2013. However, the legal heirs of
the said A.Marimuthu are at liberty to approach the civil Court, in case they
find that the execution of the settlement deed in favour of the writ petitioner
is not in accordance with law. No costs.
12 .09.2022
Index : Yes / No
Internet : Yes / No
ebsi
https://www.mhc.tn.gov.in/judis
W.P(MD).No.8788 of 2015
To
1. The District Registrar,
No.32, K.M.S.K. Chettiar Complex,
Aranthangi Road,
Pattukottai – 614 601.
2. The Joint Sub Registrar I,
Office of the District Registrar,
No.32, K.M.S.K. Chettiar Complex,
Aranthangi Road,
Pattukottai – 614 601.
https://www.mhc.tn.gov.in/judis
W.P(MD).No.8788 of 2015
R.VIJAYAKUMAR,J.
ebsi
W.P.(MD)No.8788 of 2015
12.09.2022
https://www.mhc.tn.gov.in/judis
