A writ petition sought quashing of a District Registrar's order rejecting cancellation of a unilateral cancellation of gift deed. The court held it was not maintainable since registering authorities cannot cancel registered documents and title disputes must go to civil court, and dismissed it.
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W.P(MD)No.22894 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.09.2024
CORAM :
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P(MD)No.22894 of 2024 and W.M.P.(MD)No.19424 of 2024
R.Jayamurugan
... Petitioner
Vs.
4.R.Veerasamy ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 2nd respondent made in Na.Ka.No.10743/Aa2/2023, dated 24.11.2023 and quash the same as illegal, arbitrary and consequently, directing the respondents 1 to 3 to cancel the unilateral cancellation of gift deed in Document No.11932/2010, dated 05.10.2010 executed by the 4th respondent.
1/4
W.P(MD)No.22894 of 2024
For Petitioner : Mr.N.Kamesh For R1 to R3 : Mr.C.Satheesh, Government Advocate
ORDER
Challenge has been made to the order passed by the 2nd respondent dated 24.11.2023, under which the request of the petitioner to cancel the unilateral cancellation of gift deed dated 05.10.2010 has been rejected, citing the pendency of the Writ Petitions before the Larger Bench of this Court, which were filed challenging Section 77(A) of the Registration Act. Further direction is also sought for in this Writ Petition to cancel the said unilateral cancellation of the gift deed.
2.At the outset, this Writ Petition is not maintainable, since the registering authority has no power to cancel the document already registered, as the very Section 77(A) inserted under Registration Act is struck down by the Division Bench of this Court in W.P.No.10291 of 2022 batch. That apart the issue of title and fraudulent transaction cannot be gone into by the authorities, which has to be established in the manner known to law before the civil Court in view of the decisions rendered in the case of Satya Pal Anand v. State of
M.P.[ 2016 10 SCC 767] and G. Rajasulochana v Inspector General made in
W.P(MD)No.22894 of 2024
W.P 29706 of 2024 dated 16.04.2024. Accordingly, this Writ Petition is
dismissed. No costs. Consequently, connected miscellaneous petition is closed.
26.09.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No
Yuva
To
W.P(MD)No.22894 of 2024
N.SATHISH KUMAR, J
Yuva
W.P(MD)No.22894 of 2024
26.09.2024
1 issue framed by the court
Whether the writ petition seeking cancellation of the unilateral cancellation of a gift deed through the registering authority was maintainable, given that Section 77(A) of the Registration Act has be
Colour shows how this judgement treated each authority
Satya Pal Anand v. State of M.P.Relied on¶2
[ 2016 10 SCC 767] · Who else cites this
G. Rajasulochana v Inspector GeneralRelied on¶2
W.P 29706 of 2024 dated 16.04.2024
2 provisions across 2 enactments
R.Jayamurugan
The Inspector General of Registration, Chennai
The District Registrar, Madurai South
The Joint Sub Registrar, Madurai South
R.Veerasamy
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
