Madras High Court
R.Ambika vs The Inspector General Of ... on 16 September, 2022
W.P(MD)No.12539 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.12539 of 2013
and
M.P(MD)No.1 of 2013
R.Ambika ... Petitioner
Vs.
1.The Inspector General of Registration,
Department of Registration,
No.100, Santhome High Road,
Chennai-28.
2.The Deputy Inspector General of Registration,
Jawan Bhavan, West Veli Street,
Near Railway Station,
Madurai-1.
3.The Joint Sub Registrar,
Periyakulam Joint 1,
South Agraharam, Thenkarai,
Periyakulam,
Theni District.
4.K.Bommammal
5.S.Sangeetha ... Respondents
1/5
https://www.mhc.tn.gov.in/judis
W.P(MD)No.12539 of 2013
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 entire records relating to the impugned cancellation deed
registered in Document No. 2028/2012 in Volume I, dated 03.07.2012 on
the file of the third respondent and quash the same and consequently
direct the third respondent to delete the entry of the impunged
cancellation deed in the registration records within a stipulated time.
For Petitioner : No appearance
For R-1 to R-3 : M/s.S.R.A.Ramachandran
Additional Government Pleader
For R-4 : No appearance
For Proposed Party : Mr.S.C.Herold Singh
ORDER
The present Writ Petition has been filed challenging the
registration of unilateral cancellation of a settlement deed executed by
the fourth respondent in favour of the writ petitioner and the fifth
respondent herein.
2. According to the learned Counsel for the petitioner, the fourth
respondent has executed a settlement deed on 06.06.2012, in favour of
the petitioner and the fifth respondent herein. A perusal of the settlement
https://www.mhc.tn.gov.in/judis
W.P(MD)No.12539 of 2013
deed indicates that the settlor has not reserved any right to revoke the
said settlement deed. No conditions have been imposed upon the writ
petitioner and the fifth respondent herein in the said settlement deed.
However, the fourth respondent has chosen to unilaterally cancel the said
settlement deed on 03.07.2012. The said document has been accepted by
the third respondent herein and the same has been registered as a
document No.2028 of 2012.
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, the Joint Sub Registrar has no jurisdiction to entertain the
unilateral cancellation of a settlement deed, especially, when there is no
clause for revocation of the said document or any condition has been
imposed upon the settlees. Hence, the third respondent herein ought not
to have received the cancellation deed for registration. However, the
fourth respondent herein is at liberty to challenge the said settlement
deed before the competent civil Court.
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W.P(MD)No.12539 of 2013
4. With the above said observations, the writ petition stands
allowed. There shall be no order as to costs. Consequently, connected
Miscellaneous Petition stands closed.
16.09.2022
Index : Yes / No
Internet : Yes / No
btr
To
1.The Inspector General of Registration,
Department of Registration,
No.100, Santhome High Road,
Chennai-28.
2.The Deputy Inspector General of Registration,
Jawan Bhavan, West Veli Street,
Near Railway Station,
Madurai-1.
3.The Joint Sub Registrar,
Periyakulam Joint 1,
South Agraharam, Thenkarai,
Periyakulam,
Theni District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.12539 of 2013
R.VIJAYAKUMAR, J.
btr
Order made in
W.P(MD)No.12539 of 2013
16.09.2022
https://www.mhc.tn.gov.in/judis
