Madras High Court
G.Thanikachalam vs The Sub Registrar on 18 July, 2023
WP No.29865 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18-07-2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
WP No.29865 of 2019
And
WMP No.29778 of 2019
G.Thanikachalam ... Petitioner
Vs.
1.The Sub Registrar,
SRO, Kaveripakkam,
Vellore District.
2.M.Manohari
3.M.Ramamoorthy
4.M.Radhadevi
5.M.Vinodkumar
6.M.Mahesh ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Declaration declaring the cancellation of the Deed
Page 1 of 6
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WP No.29865 of 2019
of General Power of Attorney as document No.4309 of 2019 dated
26.09.2019 on the file of the first respondent herein in respect of the
property in Survey No.436/2, totally measuring 2.85.5 ares, 7.05 acres
situated at No.24, Mangalam Village, Kaveripakkam Panchayat Union,
Arakkonam Taluk, Vellore District is illegal.
For Petitioner : Mr.S.P.Sudalaiyandi
For Respondent-1 : Mr.P.Sanjay Gandhi,
Government Advocate.
For Respondents-2 to 6 : Mr.K.Bharathi
ORDER
The writ on hand has been instituted to declare the cancellation
of the Deed of General Power of Attorney as document No.4309 of 2019
dated 26.09.2019 on the file of the first respondent herein in respect of the
property in Survey No.436/2, totally measuring 2.85.5 ares, 7.05 acres
situated at No.24, Mangalam Village, Kaveripakkam Panchayat Union,
Arakkonam Taluk, Vellore District is illegal.
https://www.mhc.tn.gov.in/judis
WP No.29865 of 2019
2. The petitioner states that the property situated in Survey
No.436/2, totally measuring 2.85.5 ares, 7.05 acres situated at No.24,
Mangalam Village, Kaveripakkam Panchayat Union, Arakkonam Taluk,
Vellore District was dealt with by the petitioner. One Mr.Munusamy was
the owner of the subject property. After his demise, his legal heirs, namely,
respondents 2 to 6 were enjoying the same. The subject property was
developed and plotted out in the name and style of 'Vinayagar Nagar
Layout' by the then Power of Agent of the respondents 2 to 6.
3. The then Power Agent sold some of the plots to various third
parties. In the meantime, the respondents 2 to 6 cancelled the Power of
Attorney originally granted in favour of the third parties. Subsequently on
24.12.2018, the respondents 2 to 6 jointly executed the General Power of
Attorney to the petitioner to sell the remaining plots as many as 75 with a
total extent of 94511 sq.ft. and it was registered as Document No.82 of 2019
on the file of the first respondent. Subsequently, the said General Power of
Attorney executed in favour of the petitioner was also cancelled unilaterally
by respondents 2 to 6, despite the fact that the petitioner has paid some
consideration.
https://www.mhc.tn.gov.in/judis
WP No.29865 of 2019
4. The learned counsel for the petitioner mainly contended that
unilateral cancellation of Power of Attorney, where certain conditions are
imposed, is impermissible and therefore, cancellation of Power of Attorney
Deed is to be declared as null and void. The Power of Attorney executed in
favour of the petitioner is coupled with interest and therefore, as per the Full
Bench judgment of this Court, unilateral cancellation cannot be done by the
respondents 2 to 6.
5. Generally cancellation of Power of Attorney is permissible.
If at all, some conditions are imposed and such conditions are breached by
any one of the parties, they have to approach the Competent Civil Court of
Law for the purpose of redressal of their grievances.
6. Contrarily, the Registering Authority cannot cull out the
distinction between the Power of Attorney coupled with interest and general
Power of Attorney executed. The Deed of Power of Attorney or the Will, is
revocable at the instance of the Executor and there is no impediment for
cancellation of such documents under the provisions of the Registration
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WP No.29865 of 2019
Act, 1908. In the event of any dispute, the remedy is to approach the
Competent Civil Court of Law and the Registering Authority is not
empowered to cancel the Power of Attorney Deed or Will, even if it was
cancelled unilaterally by the Executor.
7. In view of the principles, the petitioner is at liberty to redress
his grievances in the manner known to law by approaching the Competent
Civil Court of Law.
8. With the above liberty, the present writ petition stands
disposed of. However, there shall be no order as to costs. Consequently, the
connected miscellaneous petition is closed.
18-07-2023
Index : Yes/No
Internet: Yes/No
Speaking order/Non-Speaking order
Neutral Citation : Yes/No
Svn
https://www.mhc.tn.gov.in/judis
WP No.29865 of 2019
S.M.SUBRAMANIAM, J.
Svn
To
The Sub Registrar,
SRO, Kaveripakkam,
Vellore District.
WP 29865 of 2019
18-07-2023
https://www.mhc.tn.gov.in/judis
