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Madras High CourtWP/29284/2019dismissed

Poovazhagi@Pooja v. The Inspector General Of Registration

2019-10-14Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:14.10.2019 Coram:

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Writ Petition No.29284 of 2019 and W.M.P.No.29083 of 2019 Poovazhagi @ Pooja W/o Kannan .. Petitioner /versus/ 1.The Inspector General of Registration, Office of the I.G of Registration Office, No.100, Santhom High Road, Chennai 600 028.

2.The District Registrar, O/o The District Registrar Office, Chindambaram, 3.The Sub Registrar, O/o The Sub Registrar Office, Veppure Taluk, Cuddalore District.

4.Chinnadurai S/o Mayavel Udayar .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the 3rd respondent pertaining to the cancellation of deed dated 10.09.2014 vide document No.1953 of 2014 executed unilaterally by the 4th respondent cancelling the settlement deed dated 09.04.2014 bearing Document No.681/2014 and quash the same.

For Petitioner :Mr.T.Meganathan For Respondents :Mr.T.M.Pappiah, Spl.GP For R1 to R3

ORDER

Heard Mr.T.Meganathan, learned counsel appearing for the petitioner and Mr.T.M.Pappiah, learned Special Government Pleader, who takes notice for respondents 1 to 3. 2.The Prayer in these writ petitions is to issue a Writ of Certiorarified Mandamus calling for the records of the 3rd respondent pertaining to the cancellation of deed dated 10.09.2014 vide document No.1953 of 2014 executed unilaterally by the 4th respondent cancelling the settlement deed dated 09.04.2014 bearing Document No.681/2014 and quash the same.

3. The petitioner herein is aggrieved by the unilateral cancellation of the settlement deed dated 09.04.2014.

4. The case of the petitioner is that the fourth respondent/ father-in-law of the petitioner on 09.04.2014 had executed an unconditional and irrevocable settlement deed in favour of the petitioner and her husband. However, within few months he has revoked the settlement and registered the cancellation deed on 10.09.2014 as Doc.No.1953/2014 on the file of the third respondent. Aggrieved by that, the present writ petition is filed seeking Certiorarified Mandamus calling for the records pertaining to the cancellation deed dated 10.09.2014 and quash the same.

5. The averments made in the affidavit on the face of it clearly indicates that civil dispute between the father-inlaw and daughter-in-law is now tried to be converted into the writ petition that too after five years from the date of the cancellation deed got registered. If the petitioner and her husband have any right over the property and grievance regarding the cancellation of the settlement deed executed in their favour, it is open to them to seek redressal before the competent civil Court.

6. Hence, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To:

1.The Inspector General of Registration, Office of the I.G of Registration Office, No.100, Santhom High Road, Chennai 600 028.

2.The District Registrar, O/o The District Registrar Office, Chindambaram, 3.The Sub Registrar, O/o The Sub Registrar Office, Veppure Taluk, Cuddalore District.

+1 cc to M/s.T.Meganathan,Advocate Sr.No. 86534 +1 cc to The Government Pleader Sr.No.86096 AKM/08.11.19/3P-6C / W.P.No.29284 of 2019