Mrs.V.Varalakshmi Ammal v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.02.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA Writ Petition No.13453 of 2009 and M.P. No.1 of 2009 1.V.Varalakshmi Ammal 2.P.Raja Rajeswari Ammal .. Petitioners

Versus

The Government of Tamil Nadu, rep. by District Registrar, Jeenis Road, Saidapet, Chennai-600 015.

.. Respondent Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified Mandamus call for the records of the order of the respondent in Letter dated 17.02.2009 and to quash the same and directing the respondent to register the cancellation deed bearing pending document No.33 of 2008 dated 13.10.2008 and to return the document to the petitioner herein under the category of Cancellation Deed (Clause 17) of the Stamp Act.

For Petitioners:

Mr.P.Subba Reddy For Respondent :

Mr.T.M.Pappiah, Special Government Pleader

O R D E R

The writ petition has been filed challenging the correctness of the impugned letter dated 17.02.2009 issued by the respondent herein and seeking a direction to the respondent to register the cancellation deed bearing pending document No.33 of 2008 dated 13.10.2008 and to return the document to the petitioner under the category of Cancellation Deed. 2.Learned Special Government Pleader appearing for the respondent would submit that the prayer in the writ petition for registration of the Cancellation Deed dated 13.10.2008 executed by both the petitioners to cancel the Sale Deed cannot be maintainable in the light of the judgment of the Hon'ble Full https://hcservices.ecourts.gov.in/hcservices/

Bench of this Court in the case of Latif Estate Line India Ltd. vs. Hadeeja Ammal and others reported in 2011 (2) CTC 1 wherein it is held that the Registration Act does not have any provision for cancelling or annulling of sale deed etc. 3.In view of the submission made by the learned Special Government Pleader appearing for the respondent, the writ petition is dismissed as not maintainable. Consequently, connected M.P. is closed. No costs.

Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar vga To The District Registrar, The Government of Tamil Nadu, Jeenis Road, Saidapet, Chennai-600 015.

+1cc to Mr.P.Subba Reddy, Advocate, S.R.No. 14738 +1cc to the Government Pleader, S.R.No. 15602 Writ Petition No.13453 of 2009 and M.P. No.1 of 2009 RK(CO) GN(11/03/2019) https://hcservices.ecourts.gov.in/hcservices/