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Madras High CourtWP(MD)/20916/2025allowed

Gopal T v. The District Registrar

2025-08-07Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD)No.16189 of 2025 T.Gopal ...Petitioner Vs.

1.The District Registrar, No.171, Mahal Road, Madurai - 625 001.

2.The Sub Registrar, Office of Sub Registrar, No.171, Mahal Road, Madurai - 625 001.

3.T.Prabhu ...Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to set aside the Doc. No.5467 of 2013 dated 08.07.2013 registered by the 2nd respondent to cancel the registered settlement deed executed by the 3rd respondent in favour of the petitioner by considering his representation, dated 04.06.2025, within a time that may be stipulated by this Court.

For Petitioner : Mr.R.Venkatesan for M/s.Right Law Associates 1/4

For R1 and R2 : Mr.D.Sasikumar Additional Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondents to set aside the Doc. No.5467 of 2013 dated 08.07.2013 registered by the 2nd respondent to cancel the registered settlement deed executed by the 3rd respondent in favour of the petitioner by considering his representation, dated 04.06.2025, within a time that may be stipulated by this Court.

2. It settled proposition of law that the settlement deed cannot be unilaterally cancelled as per Full Bench judgment. Hence the unilaterally cancellation deed in Doc. No.5467 of 2013, dated 08.07.2013, is illegal.

3. Having held so, the petitioner is the owner of the property based on the settlement deed, dated 09.06.2010. Consequently, the petitioner is entitled to deal with the property.

4. Since the unilateral cancellation is set aside and the petitioner is entitled to the property, therefore, the official respondents are directed to set aside the Doc. No.5467 of 2013, dated 08.07.2013.

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5. With the above observations, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

07.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To 1.The District Registrar, No.171, Mahal Road, Madurai - 625 001.

2.The Sub Registrar Office of Sub Registrar, No.171, Mahal Road, Madurai - 625 001.

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S.SRIMATHY , J.

Tmg ORDER MADE IN DATED : 07.08.2025 4/4