S.Paulraj, v. The Inspector General Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2024
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.(MD)No.4197 of 2018 S.Paulraj ... Petitioner Vs.
1.The Inspector General of Registration, Office of the Inspector General of Registration, No.100, Santhome High Road, Chennai.
2.The District Registrar, Office of the District Registrar, Tirunelveli District.
3.The Sub Registrar, Office of the Sub Registrar, Mela Neelithanallur Sub Registration Office, Sankarankovil Taluk, Tirunelveli District.
4.The Revenue Divisional Officer, Tirunelveli District, Tirunelveli.
5.The Tahsildar, Sankarakovil Taluk Officer, Sankarankovil Tauk, Tiruneveli District.
6.Balaiah, S/o.Vedhanayagam ... Respondents Page No. 1 of 6
Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents 1 to 5 herein from in any way registering any documents submitted by the 6th respondent / Balaiah or any one claiming through him for cancellation or creating any encumbrances in respect of the properties mentioned in the Settlement Deed dated 22.3.2017 registered in Document No.373/2017 on the file of the 3rd respondent herein by considering petitioner's representation, dated 18.01.2018.
For Petitioner : No Appearance For R1 and R5 : Mrs.D.Farjana Ghoushia Special Government Pleader
ORDER
There is no representation on behalf of the petitioner.
2. This Writ Petition has been filed for issuance of a Writ of Mandamus, forbearing the respondents 1 to 5 herein from in any way registering any documents submitted by the sixth respondent / Balaiah or any one claiming through him for cancellation or creating any encumbrances in respect of the properties mentioned in the Settlement Deed dated 22.3.2017 registered as Document No.373/2017, on the file of the third respondent herein by considering petitioner's representation, dated 18.01.2018.
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3. The documents that have been filed before this Court indicate that the sixth respondent, who is none other than the petitioner's paternal grandfather had settled the properties in favour of the petitioner by a Settlement Deed dated 21.03.2017 which was registered as Document No. 373 of 2017. After the properties were settled in favour of the petitioner by the sixth respondent, it appears that the sixth respondent has cancelled the Settlement Deed dated 21.03.2017 by a Cancellation Deed dated 14.11.2017 which was registered as Document No.1852 of 2017.
4. The learned Special Government Pleader for the respondents 1 to 5 today has filed a copy of the communication received from the third respondent herein dated 02.08.2024 bearing reference in Na.Ka.No. 131/2024, wherein it has been stated as follows:- Page No. 3 of 6
5. A reading of the above indicates that not only the Settlement Deed dated 21.03.2017 registered as Document No.373 of 2017 of the sixth respondent settling the properties in favour of the petitioner has been cancelled on 14.11.2017, but also the very same properties have been settled by the sixth respondent in favour of other grandchild of the sixth respondent, namely, Antony Selvam. Therefore, this Writ Petition has become infructuous even on the date when it was filed on 26.02.2018.
6. Under these circumstances, this Writ Petition is dismissed with liberty to the petitioner to take steps for cancelling the Cancellation Deed dated 14.11.2017 registered as Document No.1852 of 2017 and the sale deeds registered as Document Nos.1650 of 2018, 1551 of 2020 and 1144 of 2021 executed in favour of the other grandchild of the sixth respondent namely, Antony Selvam. No costs.
Index : Yes/ No 02.08.2024 Speaking Order / Non-Speaking Order smn2 Page No. 4 of 6
To 1.The Inspector General of Registration, Office of the Inspector General of Registration, No.100, Santhome High Road, Chennai.
2.The District Registrar, Office of the District Registrar, Tirunelveli District.
3.The Sub Registrar, Office of the Sub Registrar, Mela Neelithanallur Sub Registration Office, Sankarankovil Taluk, Tirunelveli District.
4.The Revenue Divisional Officer, Tirunelveli District, Tirunelveli.
5.The Tahsildar, Sankarakovil Taluk Officer, Sankarankovil Tauk, Tiruneveli District.
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C.SARAVANAN , J.
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