P.Pushpamma (Deceased) v. Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.07.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.28469 of 2021 and W.M.P. No.30063 of 2021 1.Mrs.P.Pushpamma (Died on 23.11.2021) 2.P.Somasundaram 3.P.Damodaram ... Petitioners (Petitioners 2 and 3 substituted vide order dated 11.07.2024 made in W.M.P. No.21403/2022) Vs 1.Inspector General of Registration No.100, Santhome High Road Raja Annamalaipuram, Chennai - 600 028 2.The District Registrar District Registrar Office Chennai North, Chennai - 600 108 3.The Sub Registrar Sub Registrar Office Gummidipoondi - 601 201 4.The Revenue Divisional Officer Revenue Division Office Ponneri, Thiruvallur District - 601 2024 Page 1/6
5.The Tahsildar Gummidipoondi Taluk Gummidipoondi, Thiruvallur District - 601 201 6.P.Ramarathinam 7.Mrs.G.V.Girija 8.Mrs.P.Geetha ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 2nd respondent herein to consider the representation of the petitioner dated 21.06.2019 to cancel two settlement deeds registered vide Document Nos.2231 of 2019 and 2372 of 2019 both dated 29.05.2019, before the S.R.O. Gummidipoondi, the 3rd respondent herein within a time to be stipulated by this court. For Petitioners : Mr.V.Ramanareddy For Respondent : Mr.P.Anandhakumar, Govt. Advocate for R1 to R5 Mr.K.Chandru, for R7 and R8 No Appearance for R6
O R D E R
This writ petition has been filed to cancel two settlement deeds registered vide Document Nos.2231 of 2019 and 2372 of 2019, both dated 29.05.2019, before the S.R.O. Gummidipoondi.
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2. It is the case of the writ petitioners that one Palukuri Thyagaraya Naidu had two sons, namely Chandrasekara Naidu and Ramarathinam. The first petitioner died and her legal heirs have been substituted vide separate order made in W.M.P. No.21403 of 2022. The mother of Thyagaraya Naidu and grandmother of first petitioner's husband, namely Chengamma, had executed a registered Will dated 20.08.1968 in favour of the first petitioner vide Document No.8 of 1968 on the file of SRO, Uthukottai.
3. However, when the matter stood thus, another Will was executed by the mother-in-law of the first petitioner in favour of his second son Ramarathinam, namely the 6th respondent. Pursuant to the said will, Ramarathinam had executed two settlement deeds in favour of his daughters, namely respondents 7 and 8 vide Document Nos.2231 of 2019 and 2372 of 2019, both dated 29.05.2019. Therefore, it is the contention of the petitioners that those documents are fraudulent documents and the same have to be cancelled.
4. On perusal of the entire affidavit filed in support of the writ petition, this court is of the view that the writ petition has been filed on a misconceived Page 3/6
notion. The parties are trying to establish their rights on the basis of the alleged Wills executed by the family members. All the disputed facts have to be established in the manner known to law before the appropriate forum. As long as there is no forgery or whatsoever involved in the execution of the documents, the registering authority cannot be directed to cancel the documents. Let the parties may work out their remedy in the civil court. Accordingly, I do not find any merit in the above writ petition and the same deserves to be dismissed.
5. In the result, the writ petition is dismissed. However, there is no order as to costs. Consequently, the connected writ miscellaneous petition is closed. 10.07.2024 Index : Yes / No : Yes / No Asr To 1.Inspector General of Registration No.100, Santhome High Road Raja Annamalaipuram, Chennai - 600 028 2.The District Registrar District Registrar Office Chennai North, Chennai - 600 108 Page 4/6
3.The Sub Registrar Sub Registrar Office Gummidipoondi - 601 201 4.The Revenue Divisional Officer Revenue Division Office Ponneri, Thiruvallur District - 601 2024 5.The Tahsildar Gummidipoondi Taluk Gummidipoondi, Thiruvallur District - 601 201 6.The Government Pleader High Court, Madras Page 5/6
N.SATHISH KUMAR , J.
Asr W.P.No.28469 of 2021 and W.M.P. No.30063 of 2021 10.07.2024 Page 6/6