This writ petition sought a mandamus to cancel a settlement deed as sham. The Court held that disputes between private parties regarding settlement deeds are civil in nature. Consequently, this remedy under Article 226 is not appropriate.
Writ Petition dismissed as not appropriate for private civil disputes; connected Miscellaneous Petition closed.
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 JUDICATURE AT MADRAS DATED: 27.08.2020 CORAM : The HON'BLE MR.JUSTICE M.DURAISWAMY
W.P.No.32616 of 2013 and M.P.No.1 of 2013
Mr. N. Pasupathy
... Petitioner
v.
Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus, directing the third respondent herein to cancel the settlement deed dated 02.08.2012 executed by the 1st respondent herein in favour of his sisters and registered as Document No.5759 of 2012 in the office of the Sub Registrar, Selaiyur as sham and nominal. For Petitioner : No Appearance For Respondents : Mr. B. Kannan Government Advocate - for R3 O R D E R
The petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the 3rd respondent to cancel the settlement deed dated 02.08.2012 executed by the 1st respondent in favour of his sisters and registered as Document No.5759 of 2012 in the office of the Sub Registrar, Selaiyur as sham and nominal.
Page 1/2
Sd/Asst.Registrar (CS III )
/true copy/
Sub Asst. Registrar
Rj
To
The Sub Registrar,
Selaiyur,
Kancheepuram District.
W.P.No.32616 of 2013 and
M.P.No.1 of 2013
vsnII(co)
aa05/10/2020
Page 2/2
1 issue framed by the court
Whether Article 226 of the Constitution of India is the appropriate remedy for cancellation of a settlement deed executed between private parties.
1 provisions across 1 enactments
N. Pasupathy
Ganesan
V. Mottaiyan
The Sub Registrar, Selaiyur, Kancheepuram District
M. Jyotiraditya M. Scindia
Rajiv Sachdeva
M. D. Duraiswamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
