← Library
Madras High CourtWP/1910/2017dismissed

S.Malarvizhi v. The District Collector,

2017-01-27Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 27.01.2017

CORAM

THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.No.1910 of 2017 S.Malarvizhi

...Petitioner

Vs.

1.The District Collector, District Collectorate Office, Erode District.

2.The District Registrar, District Registrar Office, Rangampalayam, Erode District.

3.The Sub-Registrar, Thingalur Sub-Registrar Office, Thingalur, Erode District.

4.S.Chandrasekaran

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for a writ of Certiorarified Mandamus, calling for the records relating to the impugned order in check slip No.1/2016 dated 24.11.2016 passed by the third respondent and to quash the same.

For Petitioner : Mr.M.V.Venkataseshan For Respondent : Mr.S.Rajeswaran Nos.1 to 3 Spl. Government Pleader

O R D E R

This writ petition has been filed by the petitioner challenging the check slip No.1/2016 dated 24.11.2016 passed by the third respondent and to quash the same.

https://hcservices.ecourts.gov.in/hcservices/

2.Heard the learned counsel for the petitioner as well as the learned Special Government Pleader for the respondents 1 to 3.

3.According to the petitioner, she was given Settlement deed by his father on 03.09.2010. On 04.07.2016, under threat, coercion and undue influence, her brother/the fourth respondent herein, got the Settlement deed in his favour. Now, she wants to cancel the Settlement deed executed by her to her brother. But the same has been objected by the Registration Authorities on the ground that Settlement deed executed, cannot be unilaterally cancelled or revoked. Aggrieved over the same, the petitioner has come forward with the present writ petition. 4.As rightly pointed out by the Registration Authorities, Settlement deed cannot be cancelled unilaterally, by virtue of the decision in D.V. Loganathan V. The Sub- Registrar, Office of the Sub- Registrar, Pallavaram, Chennai reported in 2014 (3) CTC 113. However, if she wants to cancel the Settlement deed, she can file a civil suit. As the petitioner is the author of the Settlement deed, non cancellation of the settlement deed executed by her, will not be a bar for her to approach the Civil forum.

5.With the above observations, this Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar //True Copy// DP Sub Assistant Registrar To

1. The District Collector, District Collectorate Office, Erode District.

2. The District Registrar, District Registrar Office, Rangampalayam, Erode District.

3. The Sub-Registrar, Thingalur Sub-Registrar Office, Thingalur, Erode District.

+1cc to Mr.Venkateshan, Advocate, S.R.No.5047 +1cc to the Government Pleader, S.R.No.5390 RV(CO) RS(13/02/2017) W.P.No.1910 of 2017 https://hcservices.ecourts.gov.in/hcservices/