Madras High CourtWP(MD)/4562/2024allowed

Elayarani v. The Sub Registrar

2024-03-18Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.4401 of 2024 Elayarani ... Petitioner Vs.

1.The Sub Registrar, Registration Department, Thirukkattupalli Sub Registrar Office, Boodalur, 2.The Tahsildar, Boodalur Taluk, 3.The Firka Surveyor, Boodalur Taluk Office, 4.The Village Administrative Officer, Koothur, Koothur Revenue Village, Boodalur Taluk, ... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent herein, namely, Sub-Registrar, Registration Department, Thirukkattupalli Sub Registrar Office, Boodalur, Thanjavur District to cancel the unilateral cancellation of the settlement deed dated 15.11.1994 vide in Document No. 593 within the time limit that may be fixed by this Court.

For Petitioner : Mr.N.Sudhagar Nagaraj For Respondents : Mr.D.S.Nedunchezhiyan Government Advocate

ORDER

Heard both sides.

2.The petitioner's grandmother Velammal executed settlement deed in favour of the petitioner on 12.07.1993. The document reads that it is irrevocable in nature. But it was unilaterally cancelled on 15.09.1994. The petitioner states that he came to know about the unilateral cancellation only recently. It has been conformed that subsequently no transaction had taken place. The petitioner's grandmother also passed away in the year 1996. The Hon'ble Full Bench of this Court in a 2/4

decision reported in (2022) 7 MLJ 1 (Sasikala Vs Revenue Divisional Officer Cum Sub-Collector, Devakottai, Sivagangai & Another) had held that unilateral cancellation of a settlement deed is legally impermissible and the registering authority could not have register such a document.

3.In this view of the matter, the registration of the unilateral deed of cancellation is set aside. This writ petition is allowed accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

18.03.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The Sub Registrar, Registration Department, Thirukkattupalli Sub Registrar Office, Boodalur, 3/4

G.R.SWAMINATHAN, J.

MGA 2.The Tahsildar, Boodalur Taluk, 3.The Firka Surveyor, Boodalur Taluk Office, 4.The Village Administrative Officer, Koothur, Koothur Revenue Village, Boodalur Taluk, 18.03.2024 4/4