Madras High Court
A. Amirtharaj vs A.Purushothaman on 9 October, 2025
Author: S.M.Subramaniam
Bench: S. M. Subramaniam, Mohammed Shaffiq
2025:MHC:2395
WA No. 2395 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-10-2025
CORAM
THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ
WA No. 2395 of 2025
and
CMP No. 18229 of 2025
A. Amirtharaj
Appellant(s)
Vs
1.A.Purushothaman
2.The Sub-Registrar
Office of the Sub Registrar,
Parangipettai-608502.
Respondent(s)
PRAYER
Writ Appeal filed under Clause 15 of Letters Patent, to allow this Writ Appeal
by setting aside the Order dated 31.07.2024 made in W.P.No.21257 of 2024.
For Appellant(s): Mr.N.Jothi
Senior Counsel
For Mr. B.Natarajan
Page No.1 of 8
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WA No. 2395 of 2025
For Respondent(s): Mr.L.Chandrakumar For R1
Mr.U.Baranidharan
Special Government Pleader
For R2
JUDGMENT
(Judgment was delivered by S.M.Subramaniam J.)
Under assail is the writ order dated 31.07.2024 passed in W.P.No.21257
nd
of 2024. The 2 respondent in the writ petition is the appellant before this
Court.
2. The grounds of appeal mainly raised are that the Writ Court passed
the impugned order at the admission stage, and therefore, the appellant had
no opportunity to defend his case. The Writ Court in paragraph 4 made certain
observations about the settlement deed, unilateral cancellation of settlement
deed by the father of the appellant and the subsequent sale deed executed by
st
the 1 respondent. All the above three documents were executed by the father
st
of the appellant and 1 respondent.
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3. As far as the unilateral cancellation of settlement deed is concerned,
st
the 1 respondent/Purushothaman earlier filed W.P.No.29050 of 2014 and the
Writ Court passed an order on 30.03.2022 allowing the writ petition based on
the legal position settled by the Hon'ble Full Bench of this Court in the case of
M/s.Latif Estate Line India Ltd. Vs. Mrs. Hadeeja Ammal , and in the case
of Sasikala vs. The Revenue Divisional Officer, cum Sub Collector,
Devakottai and Others .
4. Challenging the said order, a writ appeal has been preferred by the
appellant herein with a delay of 1068 days and the said condone delay petition
was dismissed, since the delay was enormous and not explained to the
satisfaction of the Court.
5. As far as the writ order impugned is concerned, the relief sought for is
to direct the Sub Registrar to cancel the sale deed registered in Document
No.2549 of 2013 dated 11.10.2013, pursuant to the order passed in
W.P.No.29050 of 2014 dated 30.03.2022. However, the relief sought for in the
1 2011 (2) CTC 1
2 (2022) 7 MLJ 1
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writ petition itself is misconceived, as the Sub Registrar has no power under
the Registration Act, 1908, to cancel a sale deed. While so, the Writ Court in
exercise of powers of judicial review cannot issue a direction under Article 226
to cancel the sale deed executed by Mr.Arumugam, who is no more. Thus, the
Writ Court ought not to have entertained the writ petition at all. The relief
sought for to cancel the sale deed registered under the Registration Act is not
maintainable. The power earlier conferred to the Registration Officials under
Section 77-A of the Registration Act was also struck down by the Division
Bench of this Court. In the absence of any power to the Sub Registrar to
cancel the sale deed, High Court cannot issue a direction to the Sub Registrar
to cancel the sale deed which would fall beyond the realm of the powers of
judicial review.
6. Unilateral cancellation of the settlement deed was set aside by the
Writ Court on the basis of the principles laid down by the Hon'ble Full Bench.
Therefore, the civil rights are to be established between the parties in the
manner known to law and by approaching the Civil Court of Law.
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7. In the present case, admittedly a Civil Suit has been instituted in
O.S.No.24 of 2013 on the file of the District Court, Cuddalore, which is
pending. While so, it is unnecessary for the Writ Court to entertain such writ
petition seeking a direction to cancel the sale deed based on the earlier writ
order, setting aside the unilateral cancellation of settlement deed.
8. In the present case, the Writ Court made an observation in paragraph
4, which would cause prejudice to the interest of the appellant in defending the
suit on merits and in accordance with law. That exactly is the reason why the
Writ Courts are expected to exercise restraint in entertaining such reliefs
relating to cancellation of sale deeds registered under the Registration Act,
1908. It is all about title and ownership or claiming right over the property.
Such disputed issues cannot be adjudicated in writ proceedings. Any indirect
form of adjudication or seeking a relief in a writ proceeding at no
circumstances be encouraged.
st
9. In the present case, the father of the appellant and the 1 respondent
deceased Arumugam executed all the three documents namely settlement
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deed, cancellation of settlement deed and sale deed. That being so, an
elaborate adjudication of disputed issues are of paramount importance for the
purpose of crystallization of civil rights between the parties.
10. Under these circumstances, the arguments advanced on behalf of
st
the 1 respondent are neither candid nor convincing. Thus, the writ order
impugned dated 31.07.2024 in W.P.No.21257 of 2024 is set aside. The parties
are at liberty to establish their respective civil rights before the Civil Court in
the manner known to law.
11. Accordingly, the Writ Appeal stands allowed. Consequently, the
connected Miscellaneous Petition is closed. There shall be no order as to
costs.
(S.M.SUBRAMANIAM J.)(MOHAMMED SHAFFIQ J.)
09-10-2025
Index:Yes/No
Speaking/Non-speaking order
Neutral Citation:Yes/No
Jeni
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To
The Sub Registrar
Office of the Sub Registrar,
Parangipettai-608502
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S.M.SUBRAMANIAM J.
AND
MOHAMMED SHAFFIQ J.
Jeni
09-10-2025
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