Madras High Court
Vasudevan vs The District Registrar on 12 September, 2022
W.P(MD).No.14797 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.14797 of 2014
Vasudevan ... Petitioner
-vs-
1. The District Registrar,
District Registrar Office,
Kumbakonam,
Thanjavur District – 612 001.
2. The Sub Registrar,
Office of the Sub Registrar,
Valangaiman,
Valangaiman Town,
Thiruvarur District.
3. M.Rajendran .... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India for issuance of a Writ of Certiorari, calling for the records pertaining
to the registered cancellation of the settlement deed dated 12.08.2013, on
the file of the second respondent herein vide document No.1007 of 2013
executed by the third respondent and quash the same.
1/5
https://www.mhc.tn.gov.in/judis
W.P(MD).No.14797 of 2014
For Petitioner : Mr.S.Bala Raman
For R1 & R2 : Mr.K.S.Selvaganesan
Additional Government Pleader
For R3 : No Appearance
ORDER
The present Writ Petition has been filed challenging the registration
of the unilateral cancellation of the settlement deed, dated 12.08.2013, in
Document No.1007 of 2013 said to have been executed by the third
respondent and registered before the second respondent.
2. According to the petitioner, the third respondent is his elder brother
and out of love and affection, he has executed a registered settlement deed
in his favour on 13.03.2009. However, on 12.08.2013, he has chosen to
unilaterally cancel the settlement deed.
3. The learned counsel for the petitioner further submitted that in the
original settlement deed, dated 13.03.2009, there is no clause for revocation
and no condition has been imposed upon the writ petitioner for this
settlement deed.
https://www.mhc.tn.gov.in/judis
W.P(MD).No.14797 of 2014
4. In view of the above said facts, the second respondent has no
jurisdiction, whatsoever to entertain the unilateral cancellation of the
settlement deed. The said issue is covered by 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).
5. In view of the above said judgment, this Writ Petition stands
allowed. The second respondent is directed to delete the said encumbrance
relating to Document No.1007 of 2013, dated 12.08.2013. However, the
third respondent is at liberty to approach the competent civil Court for
cancellation of the settlement deed, dated 13.03.2009, if he is so advised.
No costs.
12 .09.2022
Index : Yes / No
Internet : Yes / No
ebsi
https://www.mhc.tn.gov.in/judis
W.P(MD).No.14797 of 2014
To
1. The District Registrar,
District Registrar Office,
Kumbakonam,
Thanjavur District – 612 001.
2. The Sub Registrar,
Office of the Sub Registrar,
Valangaiman,
Valangaiman Town,
Thiruvarur District.
https://www.mhc.tn.gov.in/judis
W.P(MD).No.14797 of 2014
R.VIJAYAKUMAR,J.
ebsi
W.P.(MD)No.14797 of 2014
12.09.2022
https://www.mhc.tn.gov.in/judis
