W.P.No.2322 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30.01.2025 CORAM: THE HONOURABLE MS.JUSTICE P.T.ASHA W.P.No.2322 of 2025 and W.M.P.No.2696 of 2025 1.Nandha Kumar 2.Jeeva 3.Chitra ...Petitioners Vs 1.The Sub Registrar, Sub Registrar Office, Kundrathur, Chennai. 2.Shanthi ...Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue Writ of Certiorarified Mandamus, calling for the records in respect of proceedings in unilateral cancellation of settlement deed dated 28.8.2012 registered vide document No.10336 of 2012 registered by the 1st respondent executed by Late.Lakshmi Gandham and quash the same consequently direct the 1st respondent to remove the connected entries in the register. For Petitioner : Mr.D.Bennington For Respondents : Mr.M.Shahjahan (for R1) Special Government Pleader ORDER 1/7 https://www.mhc.tn.gov.in/judis W.P.No.2322 of 2025 The Writ Petition has been filed for the following relief:- To call for the records in respect of proceedings relating to the unilateral cancellation of settlement deed dated 28.8.2012 registered vide document No.10336 of 2012 registered by the 1st respondent executed by Late.Lakshmi Gandham and quash the same consequently direct the 1st respondent to remove the connected entries in the register. 2.It is the case of the petitioner that the petitioner's father Ashok Kumar is the absolute owner of the property in plot No.23, Door No.6, 1st Cross Street, Thirumurugan Nagar, Porur, Chennai – 600 116, comprised in old S.No.123/31 part and New Survey No.123/16 at Porur Village, Madhuravoyal Taluk, Chennai District measuring an extent of 2712.5 sqft. The said property was originally purchased by petitioner's grand mother namely Lakshmi Kantham. Out of her love and affection had settled the said property in favour of his son Ashok Kumar vide settlement deed dated 12.02.2012 as Document No.8706 of 2012 on the file of the first respondent. Subsequently, his mother had cancelled the said settlement deed unilaterally by way of cancellation of settlement deed dated 28.08.2012. Aggrieved, the petitioner is before this Court. 2/7 https://www.mhc.tn.gov.in/judis W.P.No.2322 of 2025 3.Heard the learned counsels on either side and perused the records. The learned Special Government Pleader takes notice on behalf of R1. 4.The settlement deed which has been executed by the said Lakshmi Kantham on 12.02.2012 is an irrevocable one. The petitioner's father was put in possession of the property on the date of the execution of settlement deed. The recitals of the settlement deed reads as follows:- ,dp ,e;j brhj;jpy; vdf;F vt;tpj ghj;jpak;. rk;ge;jk;. gpd; bjhlh;r;rp vita[k; ,y;iy vd;Wk; cWjp TWfpnwd;/ ,e;j brl;oy; bkz;l; gj;jpuj;jpw;fhf ehd; cd;dplk; vt;tpj gpujpgyd; bjhifa[k; bgwtpy;iy vd;gJ cz;ik Mjyhy; ve;j fhuz fhhpaj;ij mog;gil Mjhukhff; bfhz;L ,e;j brl;oy;bkz;l; gj;jpuj;ij khw;wp mikg;gnjh my;yJ uj;J bra;tnjh ,y;iy vd;W cWjp TWfpnwd;/ mg;go VnjDk; xU fhuz fhhpaj;ij mog;gil Mjhukhf bfhz;L ,e;j brl;oy;bkz;l; gj;jpuj;ij khw;wpdhYk; my;yJ uj;J bra;jhYk; mitfs; aht[k; ,e;j brl;oy;bkz;l; gj;jpu Kd;dpiyf;F bry;yj;jf;fjy;y vd;Wk; cWjp TWfpnwd;/ 3/7 https://www.mhc.tn.gov.in/judis W.P.No.2322 of 2025 5.Considering the facts and circumstances of the case, the Writ Petition is allowed. The Hon'ble Supreme Court in the case of Satya Pal Anand Vs. State of Madhya Pradesh and others reported in (2016) 10 SCC 767 has clearly observed that the Registering Authority is not vested with the power to register a cancellation deed unilaterally. The full bench of this Court also followed the said judgment in the case of Sasikala Vs. The Revenue Divisional Officer reported in 2022 SCC Online Mad 4343 and held that that the unilateral cancellation of settlement deed is void ab initio and the same does not create any rights. Therefore, in the light of the above, the unilateral cancellation has to be set aside and whole documents created subsequent to the unilateral cancellation is also to be declared as illegal and void ab initio. 6.The Writ Petition is allowed with the above directions. No costs. Consequently, connected miscellaneous petition is closed. 30.01.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep 4/7 https://www.mhc.tn.gov.in/judis W.P.No.2322 of 2025 To The Sub Registrar, Sub Registrar Office, Kundrathur, Chennai. P.T.ASHA , J, ep 5/7 https://www.mhc.tn.gov.in/judis W.P.No.2322 of 2025 W.P.No.2322 of 2025 and W.M.P.No.2696 of 2025 30.01.2025 (2/2) W.M.P.No.2695 of 2025 in W.P.No.2322 of 2025 6/7 https://www.mhc.tn.gov.in/judis W.P.No.2322 of 2025 P.T.ASHA.J., Ordered as prayed for. 30.01.2025 (½) ep 7/7 https://www.mhc.tn.gov.in/judis