Karthikeyan v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2021 CORAM : JUSTICE N.SESHASAYEE W.P.No.17854 of 2020 Kathikeyan ...

Petitioner Vs.

1.The Sub Registrar Sub Registrar Office Harur, Dharmapuri District.

2.Rukumaniammal ....

Respondents Prayer :

Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Declaration to declare the unilateral cancellation of Gift Settlement Deed dated 20.03.2015, Vide Document No.1287/2015 on the file of the SRO, Harur, executed by the second respondent as null and void, and a further direction to direct the 1st respondent to register the document viz., partition deed dated 11.11.2020 presented by the petitioner.

For Petitioner : Mr.V.Sakkarapani For Respondents : Mr.T.M.Pappiah Special Government Pleader [R1]

ORDER

The petitioner is the donee in a gift deed executed by her grandmother, the second respondent herein. This deed came to be unilaterally cancelled on 20.03.2015.

2. The present petition is laid seeking a direction to the Sub Registrar, Harur / first respondent to declare that the unilateral cancellation of the Gift Settlement Deed dated 20.03.2015, registered as Document No.1287/2015 on the record of the Sub Registrar Office, Harur, as null and void.

3. Every inch of the prayer sought in this petition can be taken cognizance of only by a competent civil Court and not by the Sub Registrar concerned. Even if the prayer is differently expressed still it is a matter which only the https://hcservices.ecourts.gov.in/hcservices/

civil Court is competent to deal it. The petition is hence dismissed and the petitioner is at liberty to move the competent civil Court, if he is so desirous for the remedy he seeks. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ds To:

The Sub Registrar Sub Registrar Office Harur Dharmapuri District.

+1cc to the Government Pleader SR.10311 W.P.No.17854 of 2020 GPL(CO) CB(22/03/2021) https://hcservices.ecourts.gov.in/hcservices/