Disposed¶29

Prem Anand v. The Thasildar

Madras HC11 Sept 2025WP(MD)/24625/2025

Case brief

AI extract

What is this about?

Keywords: cancellation of registered settlement deed; registering authority/Sub Registrar has no power to cancel; declaration remedy lies only with the jurisdictional civil Court; writ of mandamus under Article 226 declined for deed cancellation; deed dated 21.07.2022 (Document No. 2213/2022) by deceased father in favour of sibling (Honest Raj/Honest Raja); Gandharvakottai, Pudhukottai District; writ disposed of with liberty to sue in civil court; no costs. Useful for advocates assessing whether registration authorities can cancel registered instruments and for routing such disputes to civil courts.

What did the court decide?

Liberty granted to the writ petitioner to move the jurisdictional civil Court for appropriate relief; writ petition disposed of with no costs. ¶29

Prem Anand Vs The Thasildar — Writ and Judicial Review | Madras HC (2025)

¶1

W.P(MD)No.24625 of 2025

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 11.09.2025

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

¶6

W.P(MD)No.24625 of 2025

Prem Anand

... Petitioner

Vs.

1.The Tahsildar, Gandharvakottai Taluk Office, Gandharvakottai, Pudhukottai District.

¶11

2.The Sub Registrar, Gandharvakottai sub Registrar Office, Gandharvakottai, Pudhukottai District.

¶12

3.Honest Raja ... Respondents

¶13

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to cancel the fraudulent Settlement Deed dated 21.07.2022 (Document No. 2213/2022) executed by the petitioner's father in favour of Honest Raj.

¶14

1/4

¶15

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

¶16

W.P(MD)No.24625 of 2025

¶17

For Petitioner : Mr.S.Gayathri

¶18

For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader

¶19

for R.1 & R.2

¶20

ORDER

¶21

Heard the learned counsel appearing for the writ petitioner and the

¶22

learned Additional Government Pleader appearing for the respondents 1 and 2.

¶23

2.The petitioner's father is said to have executed the petition

¶24

mentioned sale deed in favour of the third respondent who is none other than the petitioner's sibling. The petitioner's father is no more. The registering authority has no authority to cancel the settlement deed. The petitioner can only get a declaration in this regard. For that the petitioner has to necessarily move the jurisdictional civil Court. In writ proceedings, this remedy cannot be granted.

¶25

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

¶26

2/4

¶27

W.P(MD)No.24625 of 2025

¶28

3.Granting liberty to the writ petitioner to move the jurisdictional

¶29

civil Court for appropriate relief, this writ petition is disposed of. No

¶30

costs.