Madras High Court
V.R.Elango vs The Sub-Registrar on 21 September, 2022
W.P(MD)No.15245 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.09.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.15245 of 2012
and
M.P(MD)Nos.1 & 2 of 2012
V.R.Elango ... Petitioner
Vs.
1.The Sub-Registrar,
Sub-Registrar Office,
Thiruvonam,
Thanjavur District.
2.Gnansundari ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorari, calling for the
records of the first respondent relating to his registration of impugned
cancellation deed in document No.331/2012, dated 18.04.2012 and quash
the same.
For Petitioner : M/s.P.Ganapathi Subramanian
For R-1 : M/s.S.R.A.Ramachandran
Additional Government Pleader
1/5
https://www.mhc.tn.gov.in/judis
W.P(MD)No.15245 of 2012
For R-2 : Mr.T.Lajapathi Roy
ORDER
The present Writ Petition has been filed challenging the
registration of unilateral cancellation of settlement deed already executed
by the second respondent in favour of the writ petitioner.
2. According to the petitioner, the second respondent had executed
a registered settlement deed in his favour on 15.06.2009.
3. A perusal of the said settlement deed reveals that the settlor has
not reserved any powers to revoke the said document and no condition
has been imposed in the said document by the settlor. However, the
second respondent has chosen to cancel the said settlement deed on
17.04.2012. The said cancellation is a unilateral cancellation.
4. The learned Counsel for the second respondent submits that the
second respondent has executed a settlement deed, believing the writ
petitioner on the ground that he is the husband. Thereafter, after
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W.P(MD)No.15245 of 2012
obtaining the benefits under the settlement deed, the petitioner had got
married to another lady. Only because of the said fact, the second
respondent was compelled to cancel the settlement deed executed in
favour of her husband, namely, the writ petitioner herein. Hence, the
second respondent requested that the matter may be referred to
mediation. However, the learned Counsel for the petitioner submits that
his client is not ready for any mediation.
5. In view of the judgment of the Hon'ble Full Bench of this Court
in W.P(MD)Nos.6889 of 2020 etc., batch, dated 02.09.2022, (Sasikala -
vs- The Revenue Divisional Officer and others), the Sub-Registrar has
no jurisdiction, whatsoever to entertain a unilateral cancellation of the
settlement deed, especially, when there are no clauses reserving right of
the settlor to revoke the document.
6. In view of the said judgment, this Writ Petition stands allowed.
The first respondent is directed to delete the entry / encumbrance
relating to Document No.331 of 2012, dated 18.04.2012. However, the
aggrieved party can approach the competent civil Court, challenging the
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W.P(MD)No.15245 of 2012
settlement deed, dated 15.06.2009, if they are so advised. There shall be
no order as to costs. Consequently, connected Miscellaneous Petitions
stand closed.
21.09.2022
Index : Yes / No
Internet : Yes / No
btr
To
The Sub-Registrar,
Sub-Registrar Office,
Thiruvonam,
Thanjavur District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.15245 of 2012
R.VIJAYAKUMAR, J.
btr
Order made in
W.P(MD)No.15245 of 2012
21.09.2022
https://www.mhc.tn.gov.in/judis
