S.Nazurudeen vs The District Registrar
2022 Latest Caselaw 15771 Mad

                                                                             W.P(MD)No.4112 of 2015


                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 27.09.2022

                                                    CORAM

                                  THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

                                            W.P(MD).No.4112 of 2015
                                                     and
                                             M.P(MD).No.1 of 2015

                S.Nazurudeen,
                                                                                    : Petitioner

                                                      Vs

                1. The District Registrar,
                Registration Department,
                Office of the District Registrar,
                Round Road Pudur,
                Dindigul.

                2. The Joint Sub Registrar No.1,
                Registration Department,
                O/o the District Registrar,
                Round Road Pudur, Dindigul.

                3. P.S. Syed Mohammed,
                4. A. Haji Ali,
                                                                                : Respondents


                Prayer : Writ Petition filed under Article 226 of the Constitution of India,

                praying this Court to issue a Writ of Certiorarified Mandamus, calling for the



                1/5

https://www.mhc.tn.gov.in/judis
                                                                               W.P(MD)No.4112 of 2015


                records relating to the registration of the impugned Cancellation of Settlement

                Deed dated 03.07.2013 bearing Document No. 1657/13 executed unilaterally

                by the third respondent on the file of the second respondent and quash the

                same as illegal and consequently direct the second respondent to delete the

                entry on his file.

                                     For Petitioner    : Mr.R.R.Kannan

                                     For R1 and R2     : Mrs. S.Jeyapriya

                                                         Government Advocate

                                     For R3            : Mr.R.Shankarganesh

                                                      ORDER

The present writ petition has been filed challenging the unilateral

cancellation of the settlement deed executed by the third respondent in favour

of his son, who is the writ petitioner herein.

2.According to the petitioner, the third respondent has executed a

registered settlement deed in favour of the petitioner on 11.03.2003. There is

a specific clause in the said settlement deed that the third respondent has no

right whatsoever to cancel or modify the said settlement deed. However, the

https://www.mhc.tn.gov.in/judis W.P(MD)No.4112 of 2015

third respondent has cancelled the said settlement deed on 03.07.2013. The

said document was received for registration by the second respondent and

registered the same as document No.1657 of 2013. Hence this petition had

been filed.

3.In view of the judgment of the Full Bench of this Court, in

W.P(MD)Nos. 6889, 8330, 11674 of 2015, 1327 of 2020, W.A(MD)No.800 of

2022 and CMP(MD)No.6797 of 2022, dated 02.09.2022 , the Registrar has

no jurisdiction whatsoever to accept a document, under which a previously

registered deed is sought to be unilaterally cancelled by the settlor, especially,

when there is no power for the settlor to revoke the settlement deed.

4.In view of the above said facts, the registration of document No.1657

of 2013, dated 01.07.2013, on the file of the second respondent is hereby set

aside. The second respondent is directed to delete the entries relating to the

above said document.

5.With the above direction, this writ petition stands allowed. No costs.

However, the private respondents are at liberty to approach the competent

https://www.mhc.tn.gov.in/judis W.P(MD)No.4112 of 2015

civil Court for getting appropriate remedy.

6.Consequently, connected miscellaneous petition is closed.

27.09.2022 Index : Yes / No Internet : Yes/ No lr

To

1. The District Registrar, Registration Department, Office of the District Registrar, Round Road Pudur, Dindigul.

2. The Joint Sub Registrar No.1, Registration Department, O/o the District Registrar, Round Road Pudur, Dindigul.

https://www.mhc.tn.gov.in/judis W.P(MD)No.4112 of 2015

R.VIJAYAKUMAR, J.

lr

W.P(MD).No.4112 of 2015

27.09.2022

https://www.mhc.tn.gov.in/judis