SAMIPURAM COLONY HINDU NADAR URAVINMURAI Vs. DISTRICT REGISTRAR

JUDGEMENT

(1.) The petitioner has filed the present Writ Petition to issue a Writ of Declaration, declaring the impugned deed of cancellation (revocation) executed by the third respondent on 16.03.2018 in Document No.1154 of 2018, on the file of the second respondent as null and void and non-est in law and consequently to direct the respondents 1 and 2 to remove the entries in the Register including the subsequent transaction namely setting the property in favour of the fourth respondent vide Document No.4497 of 2018 dated 11.10.2018 made pursuant to unilateral cancellation of gift deed is also null and void.

(2.) Mr.V.Anand, learned Government Advocate takes notice for the respondents 1 and 2.

(3.) According to the petitioner / Association, the third respondent gifted his property in Survey No.1137 to an extent of 1 acre 49 cents, Keelathiruthangal Village to establish a School and the same was executed as a deed of gift, dated 11.10.1993 in Document No.664 of 1994, which was registered in the second respondent's office. As per his willingness, the School was named in the name and style of 'Hindu Nadar Uravinmurai A.P.K.Kaliyappa Nadar Padasalai'. In the mean time, the Management passed resolutions on 19.06.2017 and 24.09.2017 to shut down Tamil medium School and to establish a new English medium Matriculation School at the same premises and as a Deputy President of the managing committee, the fourth respondent also signed in the resolution, dated 24.09.2017. But on 16.03.2018, the third respondent had unilaterally cancelled the Gift Deed No.664 of 1994 vide Document No.1154 of 2018 and settled the property in favour of the fourth respondent, through a gift deed in Document No.4497 of 2018. Hence, the petitioner / Association approached the respondents 1 and 2 to cancel the revocation deed, which was revoked after 24 years, but the second respondent failed to inspect the property to know about the current status nor enquired the petitioner. Hence, the petitioner has filed the present Writ Petition with the above said prayer.