K. Renganathan Thondaiman, v. The Inspector General

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)Nos.1 & 2 of 2015 K.Ranganathan Thondaiman ... Petitioner Vs.

1.The Inspector General of Registration, No.100 Santhom High Road, Pathinapakam, Chennai 600 028.

2.The Sub Registrar, O/o the Registrar, Thirupathur, Sivagangai District.

3.Irulliammal 4.K.Saminathan (R4 is impleaded vide order dated 15.11.2022 in W.M.P.(MD)No.18765 of 2022) ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the registration of the cancellation of the Settlement Deed executed by the 3rd 1/4

Respondent dated 10.02.2014, registered as Document No. 390/2014 on the file of the 2nd Respondent and quash the same as illegal. For Petitioner : Mr.P.Raja For Respondents : Mr.N.GA.Nataraj Government Advocate for R1 & R2 : Mr.S.Anand Chandrasekar for M/s.Sarvabhauman Ass., for R3 : Mr.V.M.Balamohan Thambi for R4

ORDER

Heard the learned counsel on either side.

2. The petitioner and the fourth respondent are brothers. The third respondent herein is their mother. She is no more. The third respondent had executed settlement deed dated 25.01.2005 in favour of the petitioner. Subsequently, she unilaterally cancelled the same on 10.02.2014. The second respondent had registered the cancellation deed. Questioning the same, this writ petition came to be filed.

3. The issue raised in the writ petition is no longer res integra. It is covered by the decisions of the Full Bench of this Court (2011

(2) CTC 1 (Latif Estate Line India Ltd Vs. Hadeeja Ammal) & 2022

(5) CTC 257 (Sasikala Vs. the Revenue Divisional Officer). 2/4

4. The impugned registration is set aside. The Writ Petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed.

24.07.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi To 1.The Inspector General of Registration, No.100 Santhom High Road, Pathinapakam, Chennai 600 028.

2.The Sub Registrar, O/o the Registrar, Thirupathur, Sivagangai District.

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G.R.SWAMINATHAN, J.

rmi 24.07.2023 4/4