Dhanalakshmi v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Dhanalakshmi ... Petitioner Vs 1.The Sub Registrar, Kannivadi Sub Registrar Office, Dindigul District.

2.Arjunan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records from the office of the first respondent with respect to the impugned registration of unilateral cancellation deed or settlement Deed in Document No.1727/2013, dated 18.09.2013 and quash the same and consequently, direct the first respondent to remove the entry of encumbrance regarding the said document in Book No.1, of his office and for other reliefs.

For Petitioner : Mr.S.Harish For Respondents : Mr.G.Suriya Ananth (for R1) Additional Government Pleader No appearance (for R2) 1/4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned registration of unilateral cancellation deed or settlement Deed passed by the first respondent in Document No.1727/2013, dated 18.09.2013 and quash the same and consequently, direct the first respondent to remove the entry of encumbrance regarding the said document in Book No.1, of his office and for other reliefs. 2.The case of the petitioner is that the petitioner's mother had executed a settlement deed in favour of the petitioner in Doc.No.859/2010, dated 21.04.2010 and she had also executed another settlement deed in favour of her in Doc.No. 622/2012, dated 15.03.2012. Subsequently, the mother has changed her mind and cancelled the settlement deeds dated 21.04.2010 and 15.03.

2012 through impugned cancellation deed in Doc.No.1727/2013, dated 18.09.2013. 3.The issue relating to the unilateral cancellation of the settlement deed has already been settled by the Full Bench of this Court. There are no conditions benefiting the petitioner's mother in the settlement deed. Therefore, the unilateral cancellation of the settlement deed is illegal.

4.In view of the above, the impugned registration of unilateral cancellation deed or settlement Deed passed by the first respondent in Document No. 1727/2013, dated 18.09.2013, is hereby quashed. The first respondent is hereby directed to restore the original settlement deeds in Document Nos.859/2010 and 652/2012, dated 21.04.2010 and 15.03.2012. The said exercise shall be completed within a period of two weeks from the date of receipt of a copy of this order. 5.With the above directions, this writ petitions stands allowed. No costs. 08.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Vsg To 1.The Sub Registrar, Kannivadi Sub Registrar Office, Dindigul District.

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S.SRIMATHY , J.

Vsg ORDER MADE IN DATED : 08.07.2025 4/4