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Madras High CourtWP(MD)/24625/2025disposed of

Prem Anand v. The Thasildar

2025-09-11Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Prem Anand ... Petitioner Vs.

1.The Tahsildar, Gandharvakottai Taluk Office, Gandharvakottai, Pudhukottai District.

2.The Sub Registrar, Gandharvakottai sub Registrar Office, Gandharvakottai, Pudhukottai District.

3.Honest Raja ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to cancel the fraudulent Settlement Deed dated 21.07.2022 (Document No. 2213/2022) executed by the petitioner's father in favour of Honest Raj.

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For Petitioner : Mr.S.Gayathri For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader for R.1 & R.2

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for the respondents 1 and 2.

2.The petitioner's father is said to have executed the petition mentioned sale deed in favour of the third respondent who is none other than the petitioner's sibling. The petitioner's father is no more. The registering authority has no authority to cancel the settlement deed. The petitioner can only get a declaration in this regard. For that the petitioner has to necessarily move the jurisdictional civil Court. In writ proceedings, this remedy cannot be granted.

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3.Granting liberty to the writ petitioner to move the jurisdictional civil Court for appropriate relief, this writ petition is disposed of. No costs.

11.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To 1.The Tahsildar, Gandharvakottai Taluk Office, Gandharvakottai, Pudhukottai District.

2.The Sub Registrar, Gandharvakottai sub Registrar Office, Gandharvakottai, Pudhukottai District.

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G.R.SWAMINATHAN, J.

MGA 11.09.2025 4/4