Madras High Court
R.Jayamurugan vs The Inspector General Of ... on 20 June, 2023
WP(MD)No.17303 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.(MD)No.17303 of 2022
and W.M.P(MD)Nos.12622 and 12623 of 2022
R.Jayamurugan ... Petitioner
Vs.
1.The Inspector General of Registration,
Santhome High Road,
Chennai – 600 004.
2. The Joint Sub Registrar,
Madurai South Joint 4 Sub Registrar Office,
VMR Complex,
Vasaantha Nagar,
Palanganatham,
Madurai.
3. R.Veerasamy
4. The District Registrar,
Madurai South,
Madurai ... Respondents
(R4 is suo motu impleaded in this Writ Petition by this order)
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
seeking for the issuance of Writ of Certiorarified Mandamus to call for the
1
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WP(MD)No.17303 of 2022
records relating to the unilateral cancellation of gift deed in cancellation
deed vide document No.11932/2010 dated 05.10.2010 on the file of the
second respondent herein and quash the same as illegal and consequently
direct the 1st and 2nd respondents to remove the encumbrance entries of
unilateral cancellation of gift deed in document No.5187/2007 dated
08.05.2007 maintained in the office of the 2nd respondent in respect of land
and building consisting of 945.5 square feets situated in Survey No.2/1,
Madakulam Village, Palanganatha Sub Division, South Taluk, Madurai
District within a time frame stipulated by this Court.
For Petitioner : Mr.Brijesh Kishore
For R1,R2 & R4 : Mr.M.Prakash
Additional Government Pleader
For R3 : Mr.J.Barathan
ORDER
This Writ Petition has been filed in the nature of Certiorarified Mandamus
seeking interference with an unilateral cancellation of a gift deed in Cancellation
Deed vide Document No.11932/2010 dated 05.10.2010 by the Joint Sub
Registrar, Madurai South Joint 4 Sub Registrar Office,Palanganatham, Madurai.
A consequential direction is also sought to remove the encumbrance entry of the
unilateral cancellation of gift deed in Document No.5187/2007 dated 08.05.2007
maintained in the office of the 2nd respondent.
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WP(MD)No.17303 of 2022
2. The entire issue relates to land and building measuring 945.5 square feet
situated in Survey No.2/1, Madakulam Village, Palanganatham Sub Division,
South Taluk, Madurai District, which was registered as Document No.5187/2007
dated 08.05.2007.
3. In the affidavit filed in support of the Writ Petition it had been stated
that the petitioner is residing in the first floor of Survey No.21B, Thiyaki
Sankaralinganar Street, Jaihind Puram, Madurai District. His family is engaged in
agriculture and the petitioner and his brother were doing textile business. One of
the brothers by name R.Veerasamy had been arrayed as the third respondent in
this Writ Petition.
4. It had been further stated that the third respondent had executed a gift
deed for a portion of the land measuring 945.5 sq. feet out of a larger area of
2905 sq.feet which was registered as Document No.5187/07 dated 08.05.2007.
The third respondent had availed loan from ICICI bank. The property gifted to
the petitioner was offered as collateral security. According to the petitioner, the
loan was repaid by the petitioner. Thereafter, the petitioner obtained another loan
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WP(MD)No.17303 of 2022
from City Finance for a sum of Rs.1,29,000/- for textile business. He decided
to sell the property which had been gifted to him by the third respondent herein.
He came to know that the gift deed has been unilaterally cancelled by way of a
Cancellation Deed registered as Document No.11932/2010 dated 05.10.2010.
Questioning the registration of the unilateral cancellation of gift deed, the present
Writ Petition has been filed.
5. Notice has been served on the third respondent who had entered
appearance.
6. The petitioner is directed to give a representation before the District
Registrar (Administration), Madurai South at Madurai complaining about the
registration of an unilateral cancellation of a gift deed. Since the competent
authority to enquire into the registration of the cancellation of the gift deed by the
Joint Sub Registrar Office is the District Registrar, Madurai South, Madurai, the
said official/the District Registrar, Madurai South, Madurai is suo motu
impleaded as the fourth respondent in this Writ Petition.
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WP(MD)No.17303 of 2022
7. The Registry is directed to carry out the necessary amendment before
issuing the order copy.
8. If the petitioner gives a representation, the fourth respondent is directed
to examine the same in the light of the judgment of the Full Bench of this Court
in Sasikala Vs. Revenue Divisional Officer cum Sub Collector, Sigagangai
District and another, [2022 (5) CTC 257] wherein, it had been very specifically
held that unilateral cancellation of Sale Deed or any other Deed of Conveyance,
except Will or Gift revoked as per Section 126 of T.P Act, opposed to object and
purpose of Registration Act and contrary to provisions of T.P.Act. It was also held
that the Registering Authority has no power to accept Deed of Cancellation to
nullify Deed of Conveyance made earlier.
9. The fourth respondent is directed to call for explanation from the
second respondent as to how the cancellation of the gift deed was registered
when it was presented by the third respondent and examine the lawfulness of the
said document and proceed to pass necessary orders after issuing notice to
necessary parties. The third respondent shall complete the said exercise within a
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WP(MD)No.17303 of 2022
period of three months from the date of the representation given by the
petitioner.
10. With the above direction, this Writ Petition is disposed of. No costs.
Consequently, connected miscellaneous petitions are closed.
20.06.2023
Index : Yes/No
Internet : Yes/No
CM
To,
1.The District Collector,
Tirunelveli District.
2.The Executive Officer,
Thisaiyavilai Town Panchayat,
Thisayanvilai, Tirunelveli District.
3.The District Registrar,
Madurai South,
Madurai.
https://www.mhc.tn.gov.in/judis
WP(MD)No.17303 of 2022
C.V.KARTHIKEYAN, J.
CM
W.P.(MD)No.17303 of 2022
and W.M.P(MD)Nos.12622 and 12623 of 2022
20.06.2023
https://www.mhc.tn.gov.in/judis
