SASIKALA Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) Order of Reference: While considering the scope of entertaining writ petition under Article 226 of Constitution on India against Registration of Unilateral cancellation deed, a Division Bench of this Court in the case of P.Rukumani and others vs Amudhavalli and others reported in 2020 (1)CTC 241 held that a writ petition challenging the deed of cancellation is a misconceived remedy and set aside the judgment of learned Single Judge allowing a writ petition seeking cancellation of the cancellation deed. The Division Bench relying upon the judgment of Hon'ble Supreme Court in the case of Satyapaul Anand vs State of Madhya Pradesh and ors., held that aggrieved party in such cases can approach only the civil court. Since the judgment of Division Bench in P.Rukumani's case is contrary to the full Bench in Latif Estate's case and the Division Bench has referred to judgment of Hon'ble Supreme Court in Satya paul Anand's case, Hon'ble Mr. Justice S.Vaidyanathan before whom the batch of writ petitions namely W.P(MD)Nos.11674 of 2015, 8330, 13297 of 2020 and 6889 of 2020 were argued, noticed the conflicting judgements and referred the matter to a larger Bench to decide the question "whether the Registrar has the power to accept the deed of cancellation to nullify the deed of conveyance made earlier, when the deed of conveyance has already been acted upon by the transferee." This is how the matter is now placed before this Bench by order of Hon'ble the Chief Justice.

(2.) From the facts in the individual cases, it is seen that the writ petition namely, W.P(MD)No.6889 of 2020 does not come under the purview of reference. Though Hon'ble Mr.Justice S.Vaithiyanathan, has posed several questions of law, while considering the individual cases, the issue that was referred to the larger bench is only about the Registration of Unilateral Cancellation deed to nullify the deed of conveyance made earlier. For the sake of convenience, we are inclined to narrate the brief facts in each case. After the matters were listed before the Full bench, the writ appeal in W.A(MD)No.800 of 2022 is also posted before this Bench, as the issue arise for consideration is within the scope of reference.

(3.) W.P(MD)No.11674 of 2015 :