← Library
Madras High CourtWP/46266/2025disposed of

S.Kasthuri v. The Sub Registrar

2025-11-26Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-11-2025

CORAM

THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY W.P No. 46266 of 2025 S.Kasthuri Petitioner ..Vs..

The Sub Registrar, Sub Register Office, Thiruneermalai Main Rd, Pammal, Chennai-600 070.

Respondent PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records on the file of the respondent in his proceedings in RFL/ Pammal /18/ 2025 dated 24.11.2025 quash the same and directing the respondent to register the sale deed within the time limit fixed by this Court.

For Petitioner:

For Respondent:

Ms.R.Madhumitha Mr.Abishek Murthy Government Advocate 1/6

ORDER

Mr.Abishek Murthy, learned Government Advocate takes notice on behalf of the respondents. By consent of both sides, the Writ Petition itself is taken up for final disposal at the stage of admission itself.

2. This Writ Petition has been filed challenging the proceedings of the respondent in RFL/ Pammal /18/ 2025 dated 24.11.2025 quash the same and direct the respondent to register the sale deed within the time limit fixed by this Court.

3. The petitioner is the owner of the subject properties. She executed a Gift Deed to and in favour of "Shri Vedmata Gaytri Trust" (hereafter referred to as 'Trust') vide Doc.No.4155 of 2006 dated 26.10.2006. Thereafter, the petitioner came to know that the Trust has breached the conditions stipulated in the Gift Deed and therefore she sent a letter dated 03.12.2012 to the Trust, for cancelling the Gift Deed. After receipt of the same, the Trust has sent no objection letter dated 18.12.2012 for cancellation of the Gift Deed dated 26.10.2006. Immediately Gift Deed executed by the petitioner was cancelled on 23.04.2013 vide Document No.2886 of 2013.

3.1. Further he would submit that due to financial crunch, the petitioner intended to sell the subject properties to Mrs.Senthamarai. Therefore, she 2/6

executed a Sale Deed in her favour and when the same was presented before the respondent on 24.11.2025,the respondent refused to register the same vide refusal Check Slip dated 24.11.2025 based on the Circular of the Inspector General of Registration dated 29.11.2018, stating that Unilateral Cancellation of Settlement Deed is not valid and the same cannot be revoked.

4. Learned Government Advocate appearing for the Respondent would fairly submit that after obtaining no objection letter from the Trust for cancelling the Gift Deed, cancellation of Gift Deed came to be executed by the petitioner and upon verification of the same, the aforesaid cancellation deed came to be registered and therefore would submit that if any order is passed by this court, with regard to the registration of sale deed executed by the petitioner, the same will be complied with.

5. Heard both sides. Perused the records.

6. In the case on hand, initially Gift Deed was executed by the petitioner in favour of the Trust and the same was registered vide Document No.4155 of 2006 on 26.10.2006. Thereafter, since the Trust has breached the conditions stipulated in the Gift Deed conditions, the petitioner intended to cancel the same. In this regard, the petitioner sent a letter to the Trust on 03.12.2012 and the Trust has also given no objection for the cancellation of Gift Deed vide letter 3/6

dated 18.12.2012. Only thereafter, the petitioner had taken steps to cancel the same and the respondent also after duly verifying the same has registered the Cancellation of Gift Deed executed by the petitioner vide Document No.2886 of 2013 on 23.04.2013. That apart, the said cancellation has not been challenged by the Trust, till date. This being the case, there is no impediment for the respondent to register the Sale Deed presented by the petitioner.

7. In such view of the matter, this Court is inclined to set aside the Refusal Check Slip dated 24.11.2025 issued by the respondent. Accordingly the same is set aside. The Respondent is directed to register the Sale Deed dated 24.11.2025, immediately upon the re-presentation of the same, by the petitioner, if it is otherwise in order.

8. Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

26-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes arr 4/6

To The Sub Registrar Sub Register Office, Thiruneermalai Main Rd, Pammal, Chennai-600 070.

5/6

KRISHNAN RAMASAMY, J.

arr W.P No. 46266 of 2025 26-11-2025 6/6