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Madras High CourtWP(MD)/21065/2022disposed of

Selvam.T v. The Sub Registrar

2022-09-02Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN T.Selvam ... Petitioner Vs.

1.The Sub Registrar, Andipatti Sub Registrar Office, Andipatti, Theni District.

2.C.Chinnadurai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st respondent to consider the representation of the petitioner which is relating to cancellation of sale deed dated 11.06.2010 registered as D.No. 3421 / 2010 on the file of the 1st respondent.

For Petitioner : Mr.T.Selvan For R1 : Mr.J.K.Jayaseelan Government Advocate 1/4

ORDER

Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the first respondent.

2. The petitioner had sold the petition mentioned property in favour of the second respondent on 11.06.2010. It was also duly registered on the file of the first respondent. Now the parties have decided to cancel the same. The unilateral cancellation of the sale deed is not permitted.

3. If the vendor and vendee jointly present the document for cancellation, the same can very well be registered by the first respondent. Therefore, the apprehension of the writ petitioner appears to be without any basis. After the petitioner and the second respondent jointly present the document for cancelling the earlier sale deed, the same will be entertained by the first respondent and registered subject to fulfilment of the other usual formalities.

4. The Writ Petition is disposed of accordingly. No costs. 02.09.2022 Index : Yes / No Internet : Yes/ No rmi 2/4

To The Sub Registrar, Andipatti Sub Registrar Office, Andipatti, Theni District.

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G.R.SWAMINATHAN, J.

rmi W.P(MD)No.21065 of 2022 02.09.2022 4/4