The Court held that a unilaterally executed cancellation deed has no legal relevance once property is validly transferred. The Registry was justified in refusing registration; the petitioner must approach the Civil Court for cancellation.
The writ petition is dismissed with liberty to the petitioner to approach the Civil Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 23RD DAY OF SEPTEMBER 2014/1ST ASWINA, 1936
WP(C).No. 21659 of 2013 (F)
PETITIONER:
SOMASEKHARAN NAIR, AGED 87 YEARS S/O LATE PARAMESWARN NAIR, PATHAYAPURACKAL VAIPUR MURI, ANIKAD VILLAGE, MALLAPPALLY TALUK PUNNAVELI P.O, PATHANAMTHITTA DISTRICT 689589
BY ADVS.SRI.PRASAD CHANDRAN SRI.BIJO THOMAS GEORGE
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY LAND REVENUE DEPARTMENT, THIRUVANTHAPURAM 695001
2. THE REVENUE DIVISIONAL OFFICER, THIRUVALLA 685101
3. VIJAYAMMA,AGED 58 YEARS D/O BHARGAVI AMMA, KUNNATHU HOUSE, VAIPUR MURI ANIKAD VILLAGE, MALLAPPALLY TALUK, PUNNAVELI P.O PATHANAMTHITTA DISTRICT 689589
4. THE VILLAGE OFFICER ANIKAD VILLAGE, MALLAPPALLY TALUK PATHANAMTHITTA DISTRICT 689589
5. THE ADDITIONAL TAHSILDAR, TALUK OFFICE, MALLAPPALLY 689585 R-R3 BY ADV. SRI.SURIN GEORGE IPE BY GOVERNMENT PLEADER: SRI K C VINCENT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-09-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 21659 of 2013 (F)
2
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT P1 TRUE PHOTOCOPY OF CANCELLATION DEED NO 2448/I/2011 OF MALLAPPALLAY SRO
EXHIBIT P2 TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE 5TH RESPONDENT DATED 02-03-2013
RESPONDENT(S)' EXHIBITS:NIL
True Copy/
P A to Judge
A.MUHAMED MUSTAQUE, J.
=========================
W.P(C).No. 21659 of 2013 F
============================ Dated this the 23rd day of September, 2014
JUDGMENT
Petitioner has executed settlement deed No.310/2005 in favour of the 3rd respondent. Thereafter, the third respondent effected mutation in her favour. Petitioner seems to have executed a cancellation deed cancelling the settlement deed. Ext.P1 is the cancellation deed executed by the petitioner. This Court in Hamza Vs. District Registrar General (2011(3) KLT 64) held that Registrar can refuse to register a cancellation deed, cancelling validly executed document. It is settled law now, deed of cancellation executed by the executant of a document has no relevance, once the property is transferred by a valid document and it cannot be unilaterally cancelled by the executant of the document. The remedy available to such party is to approach the competent Civil Court for cancelling the deed. Based on the decision of the competent Civil Court, the registering authority or revenue officials can correct the revenue records or other records. Petitioner's remedy is to approach the competent Civil Court to obtain necessary
W.P(C).No.21659 of 2013 F
2
relief. In such circumstance, declining the request made by the petitioner for effecting transfer by the registry is justified. Then the Writ Petition is dismissed with liberty to the petitioner to approach the Civil Court. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/24/09/14
2 issues framed by the court
Whether a cancellation deed executed unilaterally by the transferor can be registered to cancel a previously valid transfer.
Whether the Registry is justified in refusing to register a cancellation deed when the title has been validly transferred.
Colour shows how this judgement treated each authority
Hamza Vs. District Registrar GeneralRelied on¶30
Hamza Vs. District Registrar General (2011(3) KLT 64)
2 provisions across 2 enactments
SOMASEKHARAN NAIR
STATE OF KERALA
VIJAYAMMA
THE VILLAGE OFFICER
THE ADDITIONAL TAHSILDAR
AMUHA MED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
