Dismissed

The Inspector of General v. C.R.Gandhi

Madras HC1 Aug 2023WA(MD)/1416/2014

Case brief

AI extract

What is this about?

This Full Bench dismissed the writ appeal filed by registration authorities. The appeal challenged the Single Judge's order setting aside registration of a cancellation deed. The Court relied on a recent Full Bench decision holding that Sub Registrars lack jurisdiction over unilateral cancellation deeds.

What did the court decide?

The writ appeal was dismissed; the Single Judge's order allowing the writ petition is upheld.

The Inspector of General Vs C.R.Gandhi — Property and Title | Madras HC (2023)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 01.08.2023

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CORAM:

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THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND

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THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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W.A.(MD)No.1416 of 2014 and

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M.P.(MD)No.1 of 2014

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1.The Inspector General of Registration, Santhome, Chennai-4.

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2.The Joint Sub Registrar-1, Nagercoil, Kanyakumari District.

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3.The District Registrar, Nagercoil, Kanyakumari District.

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...Appellants

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/Vs./

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1.C.R.Gandhi 2.Puhazh Gandhi.P 3.Malar G.P. 4.Priya G.P. 5.R.Gomathi Ammal

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...Respondents

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1/4

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https://www.mhc.tn.gov.in/judis

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PRAYER:- Writ Appeal - filed under Clause 15 of Letters Patent Act, to

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PRAYER:- Writ Appeal - filed under Clause 15 of Letters Patent Act, to allow the writ appeal by setting aside the order dated 04.07.2014 passed in W.P.(MD)No.121 of 2013 on the file of this Court.

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For Appellants : Mr.S.Shaji Bino Special Government Pleader For R1, R3 & R4 : Mr.Georse Paul Anto for Mr.G.Kannan For R2 & R5 : No Appearance

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JUDGMENT

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(Judgment of the Court was delivered by R.VIJAYAKUMAR, J.)

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The present appeal has been filed by the State challenging the allowing of the writ petition, wherein unilateral cancellation of the settlement deed was set aside.

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2.The writ petitioners have filed writ petition seeking to quash the registration of the documents No.4921 /2011 dated 15.12.2011 on the file of the Joint Sub Registrar I, Nagercoil, Kanyakumari District on the ground that the fourth respondent in the writ petition, having executed

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2/4

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https://www.mhc.tn.gov.in/judis

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the settlement deed under document No.3128/2011, dated 22.07.2011 had unilaterally cancelled the same under the impugned document. The learned single Judge was pleased to allow the Writ Petition and had set aside the registration of the cancellation deed.

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3.The Full Bench of this Court in Sasikala and others vs.

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Revenue Divisional Officer cum Sub Collector, Devakottai, Sivagangai District and others [(2022) 7 MLJ 1] has held that the Sub Registrar has no jurisdiction to entertain such unilateral cancellation deeds. Therefore, we do not find any merit in this writ appeal and same is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

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[A.S.M.J.,] & [R.V.J.,] 01.08.2023 (1/3)

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NCC :Yes/No Index :Yes/No Internet :Yes ta

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3/4

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https://www.mhc.tn.gov.in/judis

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DR.ANITA SUMANTH, J. AND R.VIJAYAKUMAR, J.

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Order made in W.A.(MD)No.1416 of 2014

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Dated: 01.08.2023 (1/3)

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4/4

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https://www.mhc.tn.gov.in/judis

The Inspector of General v. C.R.Gandhi

Case brief

What is this about?

What did the court decide?

The Inspector of General v. C.R.Gandhi

Case brief

What is this about?

What did the court decide?

What the court decided

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