RAMASAMY Vs. DISTRICT REGISTRAR

JUDGEMENT

(1.) Heard Mr. R.Venkateswaran, Learned Counsel for the Petitioner and Mr. V.Anand, Learned Government Advocate, who takes notice for the Respondents through video conferencing and perused the materials placed on record, apart from the pleadings of the parties.

(2.) The father-in-law of the Petitioner viz., Veeramuthu Gounder had executed the Sale-Deed dated 31.01.1994 registered as Document No. 232 of 1994 in the Office of the Sub-Registrar, Theni, transferring the property measuring an extent of 3 1/2 cents in Ayan S. No. 754/10 and 754/11, Allinagaram Village, Theni Taluk, in favour of the Petitioner. Subsequently, the said Veeramuthu Gounder by a Deed of Cancellation dated 04.02.1994 registered as Document No. 292 of 1994 had unilaterally cancelled the aforesaid Sale Deed dated 21.01.1994 executed in favour of the Petitioner. According to the Petitioner, the said Veeramuthu Gouder subsequently died without informing of that cancellation and on coming to know about the same when he applied for encumbrance certificate of the property for availing bank loan, he had made a representation dated 20.12.2018 to the First Respondent seeking to cancel the unilateral Cancellation Deed. The said representation was disposed by the First Respondent in his order Na.Ka. No. 5308/E4/2018 dated 31.05.2019 stating that the Petitioner has to work out his remedy before the Civil Court, in that regard. Aggrieved thereby, the Petitioner has filed this Writ Petition challenging the aforesaid order.

(3.) In this regard, reference may be made to the decision of the Hon'ble Supreme Court of India in Satya Pal Anand -vs- State of Madhya Pradesh [(2016) 10 SCC 767], in which it has been held as follows:-