Madras High Court
V.P.Rajendran vs The District Registrar on 9 June, 2023
W.P.(MD) No.20903 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.06.2023
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA
W.P.(MD)No.20903 of 2021
and
W.M.P(MD)No.17520 of 2021
1.V.P.Rajendran
2.R.Ramesh ... Petitioners
Vs.
1.The District Registrar,
Office of the Registration Office,
Virudhunagar,
Virudhunagar District.
2.The Sub Registrar,
Office of the Sub Registrar,
Aruppukkottai,
Virudhunagar District.
3.Ratnavalli
4.V.P.Rajan ... Respondents
Prayer :- Petition filed under Article 226 of the Constitution of India,
praying for issuance of Writ of Certiorarified Mandamus, calling for the
records pertaining to the unilaterally cancellation of impugned settlement
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W.P.(MD) No.20903 of 2021
deed presented before the second respondent office in vide document No.
1740/2014 dated 16.04.2014 by the third respondent and consequently,
the third respondent has executed the impugned settlement deed in
favour of the fourth respondent in vide document No.2304/2014 dated
16.05.2014 and quash the same and subsequently, the second respondent
to restore in respect of the property comprised in S.No.167/1131 and
1132, Thangasalai Street, Aruppukottai Taluk, Virudhunagar District
favour of the petitioner on the basis of the representation dated
12.06.2019 within the time stipulated by this Court.
For Petitioners : Mr.B.Jameel Arasu
For R1 and R2 : Mr.M.Prakash
Additional Government Pleader
For R3 & R4 : No appearance
ORDER
This writ petition is filed for writ of certiorarified mandamus
calling for the records pertaining to the unilaterally cancellation of
impugned settlement deed presented before the second respondent office
vide document No.1740/2014 dated 16.04.2014 by the third respondent
and the consequential execution of the impugned settlement deed in
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W.P.(MD) No.20903 of 2021
favour of the fourth respondent vide document No.2304/2014 dated
16.05.2014 and quash the same and subsequently, to direct the second
respondent to restore the settlement deed in respect of the property
comprised in S.No.167/1131 and 1132, Thangasalai Street, Aruppukottai
Taluk, Virudhunagar District in favour of the petitioner on the basis of
the representation dated 12.06.2019 within the time stipulated by this
Court.
2.The facts in brief proceeding to the filing of the above writ
petition are herein below set out:-
It is the case of the petitioner that he is eking out his livelihood as
a goldsmith for several years. His mother, namely, the third respondent,
was residing with him for so many years and was taking care of her
health and other basic necessities. Therefore, out of love and affection,
the third respondent had executed a gift settlement deed in his favour and
in favour of his son Ramesh in respect of her property situated in Survey
No.167/1131 and 1132, Thangasalai Street, Aruppukottai Taluk,
Virudhunagar District, under a registered document dated 07.10.2011,
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W.P.(MD) No.20903 of 2021
registered as document No.7236/2011 on the file of the second
respondent, in which, it has been clearly mentioned that it has been
executed only out of love and affection and without any coercion or
inducement. From the date of the execution of the settlement deed, the
petitioner has become the absolute owner of the said property.
(ii) Meanwhile, the fourth respondent, who is none other than the
brother of the petitioner, had developed animosity, since the property was
settled in favour of the petitioner and his son and he started pressuring
the third respondent to cancel the gift settlement and to execute a fresh
gift settlement in his favour. The third respondent at the instigation of
the fourth respondent, filed O.S.No.119 of 2012 before the District
Munsif Court, Arupukottai, seeking the relief of cancellation of gift
settlement deed, dated 07.10.2011. The petitioner has filed a detailed
written statement. Thereafter, the suit came to be dismissed for default
on 06.11.2015.
(iii) Totally suppressing the above facts, the third respondent has
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W.P.(MD) No.20903 of 2021
approached the first respondent for cancellation of gift settlement deed.
The first respondent without issuing notice whatsoever, cancelled the gift
settlement deed vide Document No.1740/2014 dated 16.04.2014. The
petitioner is clueless about this cancellation. Thereafter, the fourth
respondent has got the settlement deed executed in his favour on
16.05.2019. Hence, the petitioner has come forward with the above writ
petition.
3. Notice has been served on the private respondents, who have not
entered appearance.
4. The issue involved in the above writ petition is already covered
by a Judgment of the Hon'ble Full Bench of this Court in W.P.Nos.6889
of 2020 etc., dated 02.09.2022 in the case of Sasikala Vs The Revenue
Divisional Officers and others, wherein it is held that the Registrar has
no jurisdiction to entertain a document unilaterally for cancellation.
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W.P.(MD) No.20903 of 2021
5. Therefore, in the light of the above judgment, this writ petition
has to necessarily be allowed and accordingly, this Writ Petition is
allowed and the unilaterally cancellation of impugned settlement deed
presented before the second respondent Office in vide document No.
1740/2014 dated 16.04.2014 by the third respondent is set aside and
consequently, the settlement executed in favour of the fourth respondent
dated 16.05.2014 is also set aside. No costs. Consequently, connected
miscellaneous petition is closed.
09.06.2023
NCC : Yes/No
Index : Yes/No
Internet : Yes/No
cp
To
1.The District Registrar,
Office of the Registration Office,
Virudhunagar,
Virudhunagar District.
2.The Sub Registrar,
Office of the Sub Registrar,
Aruppukkottai,
Virudhunagar District.
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W.P.(MD) No.20903 of 2021
P.T.ASHA, J.
cp
W.P.(MD) No.20903 of 2021
Dated: 09.06.2023
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