M.Ragupathi v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 20.08.2025 Coram:
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ M.Ragupathi
...Petitioner
Versus
1.The Inspector General of Registration, No.100, Santhome High Road, Pattinapakkam, Chennai - 600 028.
2.The Deputy Inspector General of Registration, Cuddalore, Cuddalore District - 606 001.
3.The District Registrar Administration, Vriddhachalam, Cuddalore District - 606 001.
4.The Joint Registrar - I, Vriddhachalam, Cuddalore District - 606 001.
5.Mr.Poongavanam
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus to declare that the Deed of Cancellation dated 10.06.2011 registered vide Document No.263/2011 and subsequent Settlement Deed dated 07.01.2016 vide Document No.49 of 1/5
2016 executed by the 5th respondent and registered on the file of 4th respondent are null and void.
For Petitioner :
Mr.M.Vijayakumar For Respondents - 1 to 4 :
Mr.U.Baranidharan, Special Government Pleader For Respondent - 5 :
No Appearance
ORDER
The relief sought in this writ petition is to declare that the Deed of Cancellation dated 10.06.2011 registered vide Document No.263/2011 and subsequent Settlement Deed dated 07.01.2016 vide Document No.49 of 2016 executed by the 5th respondent and registered on the file of 4th respondent are null and void.
2. The learned counsel for the petitioner submitted that the question as to whether it is permissible to unilaterally cancel the Settlement Deed is resolved by the Full Bench of this Court in Sasikala Vs. Revenue Divisional Officer & Anr. (2022) SCC Online Mad 4343, wherein, it has been held as follows:
"58. From the discussions and conclusions we have reached above with reference to various provisions of Statutes and conclusions we have reached above with reference to Supreme Court in Thota Ganga Laxmi Vs. Government of Andhra Pradesh, reported in (2010) 15 SCC 2/5
207 and the Full Bench of this Court in Latif Estate Line India Ltd. case, reported in AIR 2011 Mad 66 and inclined to follow the judgment of three member Bench of Hon'ble Supreme Court in Veena Singh's case reported in (2022) 7 SCC 1 and the judgment of two member Bench of Hon'ble Supreme Court in Asset Reconstruction Company (India) Ltd. case, reported in 2022 SCC Online SC 544 for the following propositions: (a) A sale deed or a deed of conveyance other than testamentary dispositions which is executed and registered cannot be unilaterally cancelled.
(b) Such unilateral cancellation of sale deed or a deed of conveyance is wholly void and non est and does not operate to execute, assign, limit or extinguish any right, title or interest in the property. (c) Such unilateral cancellation of sale deed or deed of conveyance cannot be accepted for registration. (d) The transferee or any one claiming under him or her need not approach the Civil Court and a Writ Petition is maintainable to challenge or nullify the registration.
(e) However, an absolute deed of sale or deed of conveyance which is duly executed by the transferor may be cancelled by the Civil Court at the instance of transferor as contemplated under Section 31 of Specific Relief Act.
(f) As regards gift or settlement deed, a deed of revocation or cancellation is permissible only in a case which fall under Section 126 of Transfer of Property Act and the Registering Authority can accept the deed of cancellation of gift for registration subject to the conditions specified in para 42 of this judgment.
(g) The legal principles above stated by us cannot be applied to cancellation of Wills or power of Attorney deed which are revocable and not coupled with interest."
3. In view of the fact that the issue involved herein is squarely covered by the aforesaid decision of the Full Bench of this Court, the Deed of Cancellation dated 10.06.2011 registered as Document No.263/2011, unilaterally cancelling the registration of Settlement Deed dated 24.03.2006 is hereby set aside. It is open to the parties to redress their grievances if any in the manner known to law.
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4. This Writ Petition stands disposed of with the above observation. No costs.
20.08.2025 mrr Index : Yes/No To 1.The Inspector General of Registration, No.100, Santhome High Road, Pattinapakkam, Chennai - 600 028.
2.The Deputy Inspector General of Registration, Cuddalore, Cuddalore District - 606 001.
3.The District Registrar Administration, Vriddhachalam, Cuddalore District - 606 001.
4.The Joint Registrar - I, Vriddhachalam, Cuddalore District - 606 001.
MOHAMMED SHAFFIQ, J.
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mrr 20.08.2025 5/5