Madras High CourtWP/4158/2019disposed of

Praful.H.Bhandari v. Sub Registrar Of

2024-04-16Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.04.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.M.P.No.4663 of 2019 Praful H.Bhandari .. Petitioner

Versus

1.The Sub Registrar of Registration Office of the Sub Registrar of Registration Thirukazhukundram, Kancheepuram District 2.The Inspector General of Registration Santhome High Road Mylapore, Chennai - 600 028 3.P.Harakchand Bhandari .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents 1 and 2 herein from admitting for registration of the deed of Cancellation being presented by the 3rd respondent, his agent, representative and power of attorney herein for cancellation of the registered deed of settlement dated 24-32003 registered as document No. 731 of 2003 on the file of the Sub Registrar, Thirukazhukundram, Kancheepuram District subsisting in the name of the petitioner.

For Petitioner : Mr.R.Natarajan For Respondents : Mr.B.Vijay for R1 & R2 Additional Government Pleader Mr.R.Srinivasulu for R3 1/4

ORDER

By consent of both parties, this writ petition is taken up for final disposal.

2. This writ petition is filed forbearing the respondents 1 and 2 from admitting for registration of the Deed of Cancellation being presented by the 3rd respondent for cancellation of the registered deed of settlement dated 24-32003 registered as Document No.731 of 2003 on the file of the first respondent subsisting in the name of the petitioner.

3. When the matter was taken up for hearing, the learned counsel for the third respondent submitted that a suit for declaration declaring the settlement deed dated 24.03.2003 as null and void, has already been filed in a suit in O.S.No.153 of 2022 on the file of Principal Sub Court, Chengalpattu and similarly, the petitioner has also filed a suit in O.S.No.75 of 2017.

4. Such view of the matter, this Court is of the view that let the parties agitate their rights before the Civil Court in their respective suits. It is now well settled that there cannot be unilateral cancellation of any registered document. At this stage, the learned Additional Government Pleader submitted that no document has been presented by anyone for cancellation of the settlement 2/4

deed.

5. Accordingly, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 16.04.2024 dhk Index :Yes/No Internet : Yes/No : Yes/No To, 1.The Sub Registrar of Registration Office of the Sub Registrar of Registration Thirukazhukundram, Kancheepuram District 2.The Inspector General of Registration Santhome High Road Mylapore, Chennai - 600 028 N. SATHISH KUMAR , J.

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