Jeyachandran, S/O.Arumugam v. The District Registrar,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD) No.14115 of 2016 Jeyachandran ... Petitioner /vs./ 1.The District Registrar, District Registrar Office, Pattukottai, Thanjavur District.
2.The Sub Registrar, Sub Registrar Office, Peravurani Town and Taluk, Thanjavur District.
3.Paramjothi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the document No.330/2014 dated 20.02.2014 namely unilateral cancellation deed of the Inam Settlement Deed and quash the same consequently directing the 2nd 1/4
respondent to remove the relevant entry made in the Encumbrance records and quash the same.
For Petitioner : Mr.C.Bharathi For R1 & R2 : Mr.S.P.Maharajan Special Government Pleader For R3 : No appearance
ORDER
The petitioner had sought for to cancel the unilateral cancellation deed executed by the third respondent.
2. The law on this aspect had been settled by virtue of the judgment of the Hon'ble Apex Court in the case of Asset Reconstruction Company (India) Ltd., reported in 2022 SCC Online SC 544 and the same had been followed by a Full Bench of this Court in the case of Sasikala Vs. Revenue Divisional Officer cum Sub Collector reported in 2022 (3) MWN (Civil) 129.
3. In view of the categorical pronouncement (stated supra), the Writ Petition stands allowed and the unilateral cancellation executed by the third 2/4
respondent is set aside. Necessary entries shall also be made in that regard. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.
Index : Yes / No 14.11.2024 Internet : Yes / No mm To 1.The District Registrar, District Registrar Office, Pattukottai, Thanjavur District.
2.The Sub Registrar, Sub Registrar Office, Peravurani Town and Taluk, Thanjavur District.
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K.KUMARESH BABU, J.
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