E.Shanmugasundaram v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2022 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.10478 of 2015 and MP.No.1 of 2015 Mr.E.Shanmugasundaram ... Petitioner .Vs.

1.The Sub Registrar Anna Nagar Office of the Sub Registrar, Anna Nagar, JJ Complex Jawaharlal Nehru Road Thirumangalam Chennai 600 040.

2.Mrs.E.Chellammal 3.Mr.K.Elumalai 4.Mrs.Neelavathy 5.Mrs.Nirmala 6.Mrs.Jeeva Anandhi 7.Mrs.Devi @ Devaki 8.Mrs.Jagadeeswari ... Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying to issue a Writ of Declaration, to declare the cancellation deed dated 22.9.2013 and registered as document No.3320 of 2013 on the file of the 1st respondent and the settlement deed dated 22.9.2013 registered as document No.3321 of 2013 on the file of the 1st respondent 1/4

as null and void and not binding on the petitioner and his property being house and ground bearing Door No.42/1 Palani Andavar Koil Street Ayanavaram Chennai-600 023 and comprised in T.S.No.89/B Part and as per patta T.S.No.89/7 and measuring as per document 1127 square feet and as per patta 1210 square feet and situate within the registration district of Central Chennai and registration sub district of Anna Nagar. For Petitioner : Mrs.Shaikh Mehrunisa For Respondents : Mr. S.Arumugam Government Advocate for R1 Mr.V.Achuthanandan for R5,R6 & R8

ORDER

This writ petition has been filed to declare the deed of cancellation dated 22.09.2013 and the settlement deed dated 22.9.2013 as null and void and not binding on the petitioner.

2.Heard Mrs.Shaikh Mehrunisa, learned counsel for the petitioner, Mr.S.Arumugam, learned Government Advocate for R1 and Mr.V.Achuthanandan, learned counsel for R 5, R 6 and R 8.

3.The issue involved in the present writ petition is squarely covered by the judgment of the Hon'ble Supreme Court in Asset Reconstruction Company (India) Limited .Vs. S.P.Velayutham and Others reported in 2022 3 MLJ 747 and the 2/4

judgment of the learned Single Judge in D.Sachidhanandam .Vs. The Registrar/Inspector General of Registration and others reported in 2022 1 Writ LW 501, wherein, it has been categorically held that a writ petition is not maintainable for declaring a document as null and void and it falls exclusively within the jurisdiction of Civil Court. The relief sought for in this writ petition is to declare two of the documents as null and void and such a prayer cannot be entertained in this writ petition. 4.It is left open to the petitioner to challenge the impugned documents before the Competent Civil Court and workout his remedy in the manner known to law. Except giving this liberty, no further orders can be passed in this writ petition. 5.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

07.07.2022 KP Internet: Yes Index: Yes/No To 1.The Sub Registrar Anna Nagar Office of the Sub Registrar, Anna Nagar, JJ Complex Jawaharlal Nehru Road Thirumangalam Chennai 600 040.

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