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2017 Supreme(Mad) 2284

M.DURAISWAMY
R. Rajkumar – Appellant
Versus
District Collector, Office of District Registrar, Cuddalore – Respondent


Advocates Appeared:
For the Petitioner: Mr.S.Sundaresan

ORDER :

1. The petitioner has filed the writ petition to issue a writ of declaration to declare the Settlement Deed executed by one late Rajendiran in favour of respondents 3 and 4, registered as Document No.687 of 2014 with the 2nd respondent's office, as null and void and further to direct the 1st respondent to delete the entries in the book 1 which creates encumbrance over the property.

2. The Registry has raised a query with regard to the maintainability of the writ petition, stating that the petitioner has already given a petition dated 02.05.2017 to the 1st respondent, the District Collector, to conduct enquiry under Circular No.67, but the order has not yet been passed in the said petition.

3. The learned counsel appearing for the petitioner submitted that the writ petition is maintainable under Article 226 of the Constitution of India to get a declaration that the Settlement Deed executed by one late Rajendran in favour of respondents 3 and 4 as null and void.

4. In support of the above contention, the learned counsel for the petitioner has relied upon the Judgment of the Hon'ble Supreme Court in the case of Thota Ganga Laxmi and another vs. Government of Andhra Pradesh & Other









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