Manjunatha Chari v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and W.M.P.No.20392 of 2023 Manjunatha Chari ... Petitioner Vs.

1.The District Registrar District Registrar Office, Krishnagiri 635 001 2.The Sub Registrar Hosur Sub Registrar Office, Hosur 635 109 3.S.Ravi 4.K.Kanchana 5.M.Srinivas

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Declaration, declaring the deed of cancellation of Gift settlement deed dated 21.01.2010 registered as Document No. 441/ 2010 on the file of the 2nd respondent herein as null and void, unenforceable in law, per se illegal and not binding on the 1/5

petitioner also by and direct the 1st and 2nd respondents to delete the entries of the subsequent deeds Nos.578/ 2010 dated 25.01.2010 , No. 1120/ 2016 dated 27.01.2016 and No. 10111/ 2022 dated 31.05.2022 from Book 1 within the time to be stipulated by this Honble court. For Petitioner : M/s.R.Bharath Kumar For Respondents : Mr.P.Harish, Govt. Advocate for R.1 & R.2.

: No Appearance for R.3 to R.5

O R D E R

The above, Writ Petition is filed for the following reliefs:- " declaring the deed of cancellation of Gift settlement deed dated 21.01.2010 registered as Document No. 441/ 2010 on the file of the 2nd respondent herein as null and void, unenforceable in law, per se illegal and not binding on the petitioner also by and direct the 1st and 2nd respondents to delete the entries of the subsequent deeds Nos.578/ 2010 dated 25.01.2010 , No. 1120/ 2016 dated 27.01.2016 and No. 10111/ 2022 dated 31.05.2022 from Book 1 within the time to be stipulated by this Honble court."

2. Heard the counsels on either side.

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3. The issue involved in the above writ petition was already the subject matter in a similar case in W.P.No.13801 of 2020 - R.Selvanayagam Vs. The District Registrar, Kancheepuram District and others. By order dated 18.06.2024, the learned Judge relying upon the judgement of a full bench of this Court in W.P.(MD).Nos.6889 of 2020 etc; batch cases dated 02.09.2022, Sasikala Vs. Revenue Divisional Officer cum Sub Collector and another and the judgement in W.P.No.9007 of 2024 - N.C.Jayashree Vs. The Inspector General of Registration dated 03.04.2024 held that the unilateral cancellation of the settlement deed dated 10.10.2013 is void ab initio and the same was set aside.

4. Applying the above ratio to the facts of this case, the Writ Petition stands allowed. No costs. Consequently, the connected Miscellaneous Petition is closed.

28.11.2024 (shr) Index : Yes/No Speaking Order: Yes/No To 3/5

1.The District Registrar District Registrar Office, Krishnagiri 635 001 2.The Sub Registrar Hosur Sub Registrar Office, Hosur 635 109 P.T. ASHA . J., 4/5

(shr) and W.M.P.No.20392 of 2023 28.11.2024 5/5