Madras High Court
S.Lingeshwari vs The Sub Registrar on 16 September, 2022
W.P(MD)No.12767 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.09.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.12767 of 2013
and
M.P(MD)Nos.1 & 2 of 2013
S.Lingeshwari ... Petitioner
Vs.
1.The Sub Registrar,
Office of the Sub Registrar,
Veerasigamani,
Sankarankovil (Taluk),
Tirunelveli District.
2.S.Mahadevi ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus, to
call for the records on the file of the first respondent in connection with
the impugned cancellation of settlement deed vide Document No.
2622/12, dated 24.08.2012 and quash the same and consequently direct
the first respondent to delete the entries made in the 'A' Register based on
the above registered deed and restore the petitioner's name in the records
based on the settlement deed executed in Document No.5297/11, dated
1/4
https://www.mhc.tn.gov.in/judis
W.P(MD)No.12767 of 2013
28.12.2011.
For Petitioner : Mr.G.Thalaimutharasu
For R-1 : M/s.S.R.A.Ramachandran
Additional Government Pleader
For R-2 : No appearance
ORDER
The present Writ Petition has been filed seeking to quash a
unilateral cancellation of a settlement deed executed in favour of the writ
petitioner by her husband Sadacharam.
2. According to the petitioner, she is the second wife of
Sadacharam, who had executed a registered settlement deed in her favour
on 28.12.2011. A perusal of the document indicates that it is specifically
recited that the settlor does not have any power to cancel the said
document. However, the settlor, namely, Sadacharam has cancelled the
settlement deed on 24.08.2012. The unilateral cancellation of the
settlement deed has been accepted by the first respondent herein for
registration and the said document was registered as Document No.2622
of 2012 on 24.08.2012.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.12767 of 2013
3. In view of the judgment of the Hon'ble Full Bench of this Court
in W.P(MD)Nos.6889, 8330, 13297 of 2020, 11674 of 2015 and
W.A(MD)No.800 of 2022 and C.M.P(MD)No.6797 of 2022, dated
02.09.2022, Sub-Registrar has no jurisdiction to entertain a unilateral
cancellation of the settlement deed, especially, when there is no clause
for revoking the said settlement deed. Hence, the first respondent is
directed to delete the entry relating to the cancellation deed, dated
24.08.2012. However, the second respondent, who is the first wife of the
said Sadacharam is always entitled to approach the competent civil Court
to vindicate her rights.
4. With the above said observations, the Writ Petition stands
allowed. There shall be no order as to costs. Consequently, connected
Miscellaneous Petitions stand closed.
16.09.2022
Index : Yes / No
Internet : Yes / No
btr
https://www.mhc.tn.gov.in/judis
W.P(MD)No.12767 of 2013
R.VIJAYAKUMAR, J.
btr
To
The Sub Registrar,
Office of the Sub Registrar,
Veerasigamani,
Sankarankovil (Taluk),
Tirunelveli District.
Order made in
W.P(MD)No.12767 of 2013
16.09.2022
https://www.mhc.tn.gov.in/judis
