Mariyadass.J v. The Sub Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2024 CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.20567 of 2022 J.Mariyadass ... Petitioner Vs.
1.The Sub-Registrar, Dindigul Joint-I Sub-Registrar Office, Dindigul, Dindigul District.
2.Fathima Rani 3.Decalom Gnanasoundari 4.Arokia Mary Anthony ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned cancellation of settlement deed dated 28.02.2014 in Doc.No.527 of 2014 registered on the file of the 1st respondent in respect of the house property situated in S.No.1474, 6th Ward, Dindigul Scheme Road, Dindigul and quash the same as illegal and without jurisdiction and consequently, directing the 1st respondent to remove the entries made in the records in Doc.No.527 of 2014 on the file of the 1st respondent. 1/4
For Petitioner : Mr.B.Saravanan For R1 : Mr.B.Saravanan, Additional Government Pleader For R2 to R4 : Mr.S.Rajasekar
ORDER
Heard both sides.
2.The mother of the petitioner executed settlement deed dated 21.10.2009 in favour of the petitioner (Registered as Document No.2948 / 2009 on the file of the 1st respondent). Subsequently, she had unilaterally cancelled the same on 28.02.2014. It is registered as Document No.527 / 2014. Earlier settlement deed thus cancelled. The petitioner's mother passed away on 25.01.2022. Only thereafter, the petitioner became aware of the cancellation of his settlement deed. Therefore, he filed this Writ Petition. 3.It has been consistently held by more than one Full Bench of this Court that registration of deeds of unilateral cancellation is impermissible under law.
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4.In that view of the matter, the impugned registration of the cancellation deed dated 28.02.2014 is quashed. This Writ Petition is allowed accordingly. No costs. Consequently, connected miscellaneous petition is closed.
01.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To The Sub-Registrar, Dindigul Joint-I Sub-Registrar Office, Dindigul, Dindigul District.
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G.R.SWAMINATHAN, J Yuva 01.08.2024 4/4