A writ petition was filed under Article 226 to cancel a registered settlement deed. The Court held that the dispute involved civil title and the petitioner must approach the competent civil court, dismissing the writ petition.
The writ petition is dismissed; the petitioner is at liberty to approach the concerned 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.
W.P(MD)No.3768 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.3768 of 2022
Regina
... Petitioner
Vs
1.The Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai - 600028.
4.The Sub Registrar Office, 124A, Anna Salai, Near Vyasarajapuram Clock Water, Kalakkadu, Tirunelveli - 627501.
W.P(MD)No.3768 of 2022
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, calling the record relating to settlement deed 1206/2001 executed on 5/12/2001 and directing the 2nd respondent to cancel the same.
For Petitioner : Mr.Levis Senthil Kumar For R1 to R4 : Mrs.D.Farjana Ghoushia Special Government Pleader
O R D E R
The petitioner has submitted an application to cancel a
sale deed executed by her father in favour of her mother and brother
in Document No.1206/2001, dated 05/12/2001 and filed this writ petition for a Mandamus.
2.The settlement deed said to have been executed by the petitioner's father in the year 2001 is a registered one. Subsequent to
the earlier settlement deed, the petitioner's father has sold the same property to the petitioner vide Document No.1896/2011, dated 12.10.2011. In order to cancel the earlier settlement deed, the
W.P(MD)No.3768 of 2022
petitioner has submitted a representation to the respondents. Since the same was not considered, the petitioner is before this Court.
3.Since the issue involved in this writ petition is civil in
nature, the petitioner has to work out her remedy only before the competent civil Court. Therefore, this writ petition is dismissed. The petitioner is at liberty to approach the concerned civil Court to redress her grievance. No costs.
07.09.2023
NCC :Yes/No Index :Yes/No Internet:Yes vrn
W.P(MD)No.3768 of 2022
To
W.P(MD)No.3768 of 2022
B.PUGALENDHI, J.
vrn
Order made in W.P(MD)No.3768 of 2022
07.09.2023
1 issue framed by the court
Whether a writ of mandamus is maintainable to cancel a registered settlement deed involving civil title disputes, or if the remedy lies in a civil court.
Colour shows how this judgement treated each authority
None cited in this textReferred
3 provisions across 3 enactments
Regina (Petitioner)
The Inspector General of Registration
The Deputy Inspector General of Registration
The District Registrar Office
The Sub Registrar Office
Jayakumar
B. PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
