Madras High CourtWP/12752/2026disposed of

D.Govindaraj Chettiyar v. The District Registrar

2026-04-06Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-04-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE and W.M.P.No.13944 of 2026 D.Govindaraj Chettiyar ..Petitioner(s) Vs

1. The District Registrar Chengalpet District, Chengalpet.

2. The Sub Registrar Uthiramerur, Kanchipuram district.

3. K.Muniyammal ..Respondent(s) PRAYER - This Writ Petition is filed under Article 226 of the Constitution of India, seeking a Writ of Certiorarified Mandamus, calling for the records connected with the impugned unilateral cancellation of settlement executed by the 3rd respondent registered as Document No. 2049 of 2009 dated 17.03.2009 and Document No. 2050 of 2009 dated 18.03.2009 on the file of the 2nd respondent and quash the same as illegal, void, non-est in the eye of law and consequently direct the 2nd respondent to remove the entries in respect of the said document concerned and consequential transactions from the concerned register.

For Petitioner(s):

Mr.K.Ashok For Respondent(s):

Mr.U.Baranidharan, Special Government Pleader (For R1 & R2)

O R D E R

The petitioner seeks for cancellation of Document Nos.2049 and 2050 of 2009 dated 17.03.2009 and 18.03.2009 respectively through this Writ Petition. 2.According to the petitioner, since the suit filed by the 3rd respondent against the petitioner seeking for cancellation of the petitioner's settlement deed has been dismissed and has attained finality, the petitioner is entitled to seek the reliefs as prayed for in this Writ Petition.

3.As seen from the averments contained in the affidavit filed in support of this Writ Petition, to prove the same, oral and documentary evidence is required. The petitioner had also not filed any counter claim in the suit filed by the 3rd respondent seeking for cancellation of Document Nos.2049 and 2050 of 2009 dated 17.03.2009 and 18.03.2009 respectively. Since the reliefs as prayed for in this Writ Petition requires oral and documentary evidence, necessarily, this Court cannot adjudicate the same under Article 226 of the Constitution of India. Therefore, the only remedy available to the petitioner is to approach the

Civil Court for seeking the reliefs as prayed for in this Writ Petition. Since no adverse orders are passed as against the 3rd respondent, notice to the 3rd respondent is dispensed with by this Court in this Writ Petition. 4.Accordingly, this Writ Petition is disposed of by granting liberty to the petitioner to file a Civil Suit seeking for cancellation of Document Nos.2049 and 2050 of 2009 dated 17.03.2009 and 18.03.2009 respectively. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

06-04-2026 Index: Yes/No Speaking/Non-speaking order GSA To

1. The District Registrar Chengalpet district, Chengalpet.

2. The Sub Registrar Uthiramerur, Kanchipuram district.

ABDUL QUDDHOSE, J.

GSA and W.M.P.No.13944 of 2026 06-04-2026