The Court dismissed the writ petition seeking cancellation of registered settlement deeds on grounds of fraud. Holding that claims of share in property require determination via a civil suit for partition, the Court ruled that a writ petition seeking direction to the Registrar to cancel documents is not maintainable.
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W.P.No.20268 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.07.2024
CORAM
THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR
W.P.No.20268 of 2024
1.K.Mani 2.K.Kalyani .. Petitioners
Vs
1.The District Registrar Vellore
2.The District Sub Registrar Velappadi, Vellore District Vellore 632 007
3.V.Ponnusamy
4.Vasanthi .. Respondents
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus calling directing the 2nd respondent herein to consider the representation of the petitioner dated 06.04.2024 to conduct an enquiry and to cancel the fraudulent documents registered as document No.5730/2005 dated 05.10.2005 and document No.4437/2012 dated 07.05.2012.
For Petitioner : Mr.A.Sathish For RR 1 and 2 : Mr.M.Shajahan Special Government Pleader
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W.P.No.20268 of 2024
O R D E R
With the consent of both sides, the Writ Petition is taken up for final disposal at the admission stage itself.
Government Pleader appearing for the respondents 1 and 2 and perused the materials available on record.
in respect of an extent of 1.74 cents out of the said 3.71 acres, who in turn,
W.P.No.20268 of 2024
settled the property in his wife's name/4th respondent on 07.05.2012. Hence, the present writ petition.
25.07.2024 (2/2)
gya Index : Yes/No Neutral Citation : Yes/No
To 1.The District Registrar Vellore
2.The District Sub Registrar Velappadi, Vellore District Vellore 632 007
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W.P.No.20268 of 2024
N.SATHISH KUMAR, J.
gya
W.P.No.20268 of 2024
25.07.2024
(2/2)
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1 issue framed by the court
Whether the High Court can entertain a writ petition seeking cancellation of registered documents on allegations of fraud instead of directing the petitioners to file a civil suit for partition.
1 provisions across 1 enactments
K.Mani
K.Kalyani
The District Registrar Vellore
The District Sub Registrar Velappadi, Vellore District Vellore 632 007
V.Ponnusamy
Vasanthi
N.SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
