Shanthi, v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Shanthi ... Petitioner Vs.

The Sub Registrar, Chinnalapatti, Dindigul District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to cancel the will registered vide Doc.No.26/2017 dated 29/06/2017 insofar as it relates to the adverse remarks (starts from "vd; fzth; ,we;j"ended at Ponnusamy, Nagendran Twpdhh;) commented upon the petitioner in Para No.6 at Page No.2 of the said will, by specifically passing an order towards expunging the same on the strength of the petitioners representation dated 12/03/2019.

For Petitioner : Mr.R.Anand For Respondent : Mr.N.Satheeskumar, Addl. Government Pleader 1/4

ORDER

Heard the learned counsel on either side.

2.The petitioner is the daughter-in-law of one Subbammal. The petitioner got married to Thiru.Kanagaraj son of the said Subbammal. The petitioner's mother-in-law is no more. Before her demise, she had executed a Will dated 29.06.2017. It was also duly registered on the file of the respondent. In the said Will, there are certain defamatory averments against the writ petitioner. The writ petitioner wants this Court to direct the respondent to expunge those adverse remarks made about the petitioner. 3.As rightly pointed out by the learned Additional Government Pleader for the respondent, the writ prayer is not only strange but also not maintainable. The Will or testament of a person can be modified or cancelled only by the executant and it is not open to others including the Court or the authority to tinker with the same. The writ petition stands dismissed. No costs. 08.12.2022 Index : Yes / No Internet : Yes/ No ias 2/4

To:

The Sub Registrar, Chinnalapatti, Dindigul District.

3/4

G.R.SWAMINATHAN, J.

ias 08.12.2022 4/4