The Madras High Court dismissed a writ petition challenging the refusal by the Sub Registrar to register a cancellation deed. The court held the refusal was correct as the cancellation instrument failed to include all parties to the original gift deed.
The writ petition was dismissed; no costs awarded.
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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2019 CORAM : THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.16620 of 2015
and MP(MD)No.1 of 2015
Ganam ... Petitioner
Vs.
1.The District Registrar, Sivagangai, Sivagangai District.
2.The Sub Registrar, Registrar Office, Thondi, Ramanathapuram District. ... Respondents
PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned proceedings in Aiyvukuripu No. 1 of 2015 dated 31.08.2015 and quash the same as illegal, unjust and unconstitutional and consequentially direct the respondents to register the petitioners settlement cancellation deed dated 31.08.2015 and release the same.
For Petitioner : Mr.S.A.Ajmal Khan for Mr.J.M.Hassanul Bazari For R1 : Mr.M.Karuppasamy, Government Advocate for R1 For R2 : Mr.M.Murugan Government Advocate for R2
ORDER
Heard the learned counsel on either side.
2.The writ petitioner executed a gift deed in favour of her sons. The same was sought to be cancelled later. But, in the cancellation deed all the parties to the earlier document were not parties. Therefore, the second respondent rightly declined to receive the same. The stand taken by the second respondent cannot be faulted. This writ petition is therefore dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed. https://hcservices.ecourts.gov.in/hcservices/
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3.However, if the petitioner submits a deed of cancellation to which all the parties to the earlier document are also signatories, the second respondent will of course receive and register the same.
Sd/Assistant Registrar (CO) // True Copy //
Sub Assistant Registrar(CS)
To
1.The District Registrar, Sivagangai, Sivagangai District. 2.The Sub Registrar, Registrar Office, Thondi, Ramanathapuram District.
+1 CC to M/s.J.M.HASSANUL BAZARI, Advocate ( SR-50564[F] dated 28/02/2019 )
+1 CC to M/s.SPL GP ( SR-50546[F] dated 28/02/2019 )
SKM
WP(MD)No.16620 of 2015 and MP(MD)No.1 of 2015 27.02.2019
KM/(08.04.2019) 2P 5C
1 issue framed by the court
Whether a cancellation deed registered by a Sub Registrar is valid when it excluded parties to the original gift deed.
1 provisions across 1 enactments
Ganam
District Registrar, Sivagangai
Sub Registrar, Thondi
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
