Madras High Court
Ramu vs The District Registrar on 12 September, 2022
W.P(MD).No.11955 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.11955 of 2015
Ramu ... Petitioner
-vs-
1. The District Registrar,
Pudhukottai Registration District,
Pudhukottai District.
2. The Sub Registrar,
Sub- Registrar Office,
Ponnamaravathi,
Ponnamaravathi Taluk,
Pudhukottai District.
3. K.Pappa
4. Priya
5. Palaniappan
.... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India for issuance of a Writ of Certiorari, calling for the entire records
pertaining to the cancellation deed dated 10.02.2015 register as document
No.373 of 2015, sale deed dated 10.02.2015 registered as document No. 374
/2015 and sale deed dated 10.02.2015 registered as document No.375/2015
in the office of Sub-Registrar at Ponamaravathi, the second respondent
1/5
https://www.mhc.tn.gov.in/judis
W.P(MD).No.11955 of 2015
herein and to quash the same.
For Petitioner : Mr.R.Rajaraman
For R1 & R2 : Mr.K.S.Selvaganesan
Additional Government Pleader
For R3 & R5 : No appearance
For R4 : Mr.M.Maharaja
ORDER
The present Writ Petition has been filed challenging the unilateral
cancellation of the settlement deed executed by the third respondent in
favour of the writ petitioner.
2. According to the writ petitioner, her mother, namely the third
respondent has executed a settlement deed dated 16.09.2014. There are no
clauses for revocation of the said document and no condition has been
imposed in the said document for cancellation of the settlement deed.
However, the third respondent has chosen to cancel the said settlement deed
dated 10.02.2015 which has been registered by the second respondent
herein as Document No. 375 of 2015, on 10.02.2015.
https://www.mhc.tn.gov.in/judis
W.P(MD).No.11955 of 2015
3. According to the learned counsel for the fourth respondent, the
original settlement deed executed in favour of the writ petitioner is not valid
in the eye of law, and it has been obtained fraudulently.
4. In view of the judgment of the Hon'ble 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 entertain a document for registration, especially the unilateral
deed of cancellation of the settlement deed.
5. In view of the above said facts, this Writ Petition stands allowed to
the extent of deleting the entry relating to document No.373 of 2015, dated
10.02.2015. Other documents namely document Nos.374 of 2015 and
375/2015 should be adjudicated upon only by the competent civil Court.
No costs. However, the third respondent is at liberty to challenge the
settlement deed dated 16.09.2014 before civil Court, if she is so advised.
12.09.2022
Index : Yes / No
Internet : Yes / No
ebsi
https://www.mhc.tn.gov.in/judis
W.P(MD).No.11955 of 2015
To
1. The District Registrar,
Pudhukottai Registration District,
Pudhukottai District.
2. The Sub Registrar,
Sub- Registrar Office,
Ponnamaravathi,
Ponnamaravathi Taluk,
Pudhukottai District.
https://www.mhc.tn.gov.in/judis
W.P(MD).No.11955 of 2015
R.VIJAYAKUMAR,J.
ebsi
W.P.(MD)No.11955 of 2015
12.09.2022
https://www.mhc.tn.gov.in/judis
