IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 18.07.2022
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
W.P. NO.29673 OF 2017
M/s.Alangayam Steels Ltd. Rep. by its Managing Director P.Chandran
S/o Late Peddappu
No.40/1, 4thStreet
Sakthi Nagar, Tirupathur Vellore District. .. Petitioner
- Vs -
1. The Sub Registrar Registration Department Vaniyambadi, Vellore District.
2. Krishnan
3. Chakravarthy
4. Pazhani .. Respondents
Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of certiorari calling for the records relating to the impugned cancellation of sale deed dated 21.12.2015 executed by respondents 2
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to 4 herein and registered as Document No.4434/2005 on the file of the 1st respondent herein and quash the same.
For Petitioners : Mr.K.Govi Ganesan
For Respondents : Mr. Yogesh Kannadasan, Spl. GP for R-1 Mr. K.Thiruvengadam for R-3
ORDER
The present petition has been filed to quash the cancellation deed executed by respondents in and by which the sale deed executed validly between the petitioner and respondents 2 to 4 pertaining to the sale of the property which was sold for valid consideration, was unilaterally cancelled.
2. When the matter is taken up for hearing, learned counsel for the petitioner brought to the notice of this Court that the issue raised in this writ petition has already been decided by a Full Bench of this Court in the case of Latif Estate Line India Ltd. & Ors. - Vs - Hadeeja Ammal & Ors. (2011 (2) CTC 1) and, therefore, this writ petition may be allowed following the aforesaid decision.
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3. Learned Special Government Pleader appearing for the 1strespondent fairly concedes the aforesaid submission and submits that this Court may allow the writ petition granting liberty to the parties to work out their remedy in case of any dispute before the appropriate forum.
4. In view of the fair stand taken by the learned counsel on either side and the issue before this Court no longer being res integra, this writ petition is allowed by quashing the impugned cancellation deed registered as Document No.4434/05 on the file of the 1strespondent in line with the order passed by the Full Bench of this Court in Latif Estate's case (supra). However, it is open to the parties to work out their remedy before the appropriate forum in the manner known to law.
5. This writ petition is allowed with the aforesaid observations. There shall be no order as to costs.
18.07.2022
Index : Yes / No Internet : Yes / No
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GLN
To
The Sub Registrar Registration Department Vaniyambadi, Vellore District.
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M.DHANDAPANI, J.
GLN
W.P. NO.29673 OF 2017
18.07.2022
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