Madras High CourtWP/26787/2015disposed of

G. Madubalan, v. The Sub-Registrar,

2015-08-28Honourable Mr Justice M.M.Sundresh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.08.2015

CORAM

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH W.P.No.26787 of 2015 and M.P.No.1 of 2015 G.Madubalan

...Petitioner

Vs.

1.The Sub Registrar, The Office of Sub Registration Office, Virugambakkam, Chennai - 92.

2.Krishnammal 3.V.Indirani 4.Uma Rani 5.Kalyani

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1st respondent to pass a considered order on the application given by the petitioner on 25.07.2015 and consequential relief directing the 1st respondent to cancel the settlement Deed Doc.No.1402/2013 dated 28.02.2013 which was executed in favour of the petitioners 3 to 5 and the petitioner by the 2nd respondent. For Petitioner :

Mr.T.Ramachandran For Respondents :

Mr.S.Diwakar, Additional Government Pleader (R1)

O R D E R

It is seen that initially a registered Settlement Deed dated 23.02.2007 was executed in favour of the petitioner along by the respondent no.2, who is none other than the mother. The said Settlement Deed was cancelled by the respondent no.2 by a Cancellation Deed dated 27.10.2010 and thereafter, executed another Settlement Deed dated 28.02.2013 in favour of the respondent nos.3 to 5 along with the petitioner. The petitioner filed a suit in O.S.No.14066 of 2010 and obtained a decree, pursuant to which he made a representation dated 25.07.2015 seeking to cancel the said https://hcservices.ecourts.gov.in/hcservices/

registration dated 28.02.2013 made in the office of the respondent no.1. As the said representation has not been disposed of, the present Writ Petition has been filed.

2.Taking into consideration the pendency of the representation, a direction is issued to the respondent no.1 to pass appropriate orders on the same within a period of eight weeks from the date of receipt of a copy of this order, after affording opportunity to the petitioner as well as to the respondent nos.2 to 5.

3. The Writ Petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar va To The Sub Registrar, The Office of Sub Registration Office, Virugambakkam, Chennai - 92.

1 CC to Mr.T.Ramachandran, Advocate SR.No. 45969 1 CC to the Government Pleader, SR.No. 46365 W.P.No.26787 of 2015 and M.P.No.1 of 2015 VGI (CO) PSI (09.09.2015) https://hcservices.ecourts.gov.in/hcservices/