Balakrishnan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :25.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)Nos.7789 of 2024 Balakrishnan ... Petitioner vs.

1. The Tahsildar, Nanguri, Tirunelveli District.

2. The Sub Registrar, Moolakarai Patti, Tirunelveli.

3. Bakkiyalakshmi

4. Veerappan

5. Jeyakodi

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents No.1 and 2 to declare the revocation deed no.3584 of 2014 on the file of sub registrar Moolakaripatti, Thirunelveli and subsequent document Nos.1714 of 2023 and 1714 of 2023 on the file of Sub registrar Moolakaripatti, Thirunelveli null and void.

For Petitioner : Mr.M.Jaisingh For R1 and R2 : Mr.G.Suriya Ananth Additional Government Pleader 1/4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the respondents No.1 and 2 to declare the revocation deed no.3584 of 2014 on the file of sub registrar Moolakaripatti, Thirunelveli and subsequent document Nos.1714 of 2023 and 1714 of 2023 on the file of Sub registrar Moolakaripatti, Thirunelveli as null and void.

2. The facts of the case is that the petitioner's sister had executed a settlement deed in favour of the petitioner. However, the said deed was subsequently revoked through Revocation Deed No. 3584 of 2014. Thereafter, the sister executed two new settlement deeds, Document Nos. 1714 of 2023 and 1715 of 2023 in favour of another brother and another sister. The validity of these deeds is being challenged in the present writ petition.

3. It is a settled proposition of law, as held by the Hon'ble Full Bench, that a settlement deed, once executed, cannot be unilaterally cancelled. The Revocation Deed No. 3584 of 2014 was executed unilaterally and, therefore, is liable to be set aside.

4. Accordingly, the revocation deed no.3584 of 2014 on the file of sub registrar Moolakaripatti, Thirunelveli and subsequent document Nos.1714 of 2/4

2023 and 1714 of 2023 are hereby set aside. The official respondents are directed to consider the petitioner's prayer and pass appropriate orders in accordance to law within a period of four weeks from the date of receipt of a copy of the order.

5. With the above observations, this Writ Petition is allowed. There shall be no order as to costs.

25.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA To:

1.The Tahsildar, Nanguri, Tirunelveli District.

2. The Sub Registrar, Moolakarai Patti, Tirunelveli.

3/4

S.SRIMATHY , J.

KSA ORDER MADE IN DATED :25.07.2025 4/4