The main legal point established is that the Civil Court is competent to decide the issue of cancellation, and the Registrar has no power to unilaterally cancel deeds. The court emphasized the need to protect the rights of senior citizens under the Senior Citizens Act.

JUDGMENT :

Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records relating to the registration of the cancellation of the Settlement Deed executed by the 3rd respondent dated 12.03.2015, registered as Document No.701 of 2015 on the file of the 2nd respondent and quash the same as illegal.

Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records relating to the impugned order issued by the 1st respondent in Mu.Mu.A1/2219/2015 dated 28.08.2018 and quash the same as illegal.

Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus to direct the respondents to revoke the settlement deed in Document No.941/2018 dated 05.12.2018 given by petitioner in favour of his son Senthur, by considering his representation dated 28.06.2020 within a time stipulated by this Court.

Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus to declare the deed of cancellation dated 07.01.2009 executed by the 3rd respondent and registered on the file of 2nd respondent as Document No.32 of 2009 as null and void and in consequence thereof direct the 2nd respondent to release the deed of partition dated 23.06.2020 registered as Document No.975 of 2020 at once.

In all these petitions, a challenge is to the unilateral cancellation of deeds and the short point involved is as to whether Registrars have powers to register the deed of cancellation. The issue has emanated on account of the reason that there are two conflicting judgments on the point.

W.P.(MD) No.8330/2020

In W.P.(MD) No.8330/2020, the petitioner has come forward with this Writ Petition to declare the deed of cancellation dated 07.01.2009 executed by the third respondent and registered on the file of the second respondent as Doc. No.32 of 2009 as null and void and in consequence thereof direct the second respondent to release the deed of partition dated 23.06.2020 registered as document No.975 of 2020 at once.

2. The learned counsel appearing for the petitioner would submit that the property measuring 1 Acre 16 Cents, 1 Acre 16 Cents and a residential building in S.No.176/12C, 190/12 and 176/12B respectively situated in Pappinayakkanpatti Village, Peraiyur Taluk, Madurai District were originally belonged to the third respondent, who is the grandfather of the minor petitioner. The third respondent had developed illicit intimacy with another lady and when it was questioned by the first wife of the third respondent, the third respondent had executed a gift settlement deed on 01.08.1995 in favour of his two minor daughters viz., Ilavarasi and Malar @ Thangamalar vide document No.777 of 1995 and they are in exclusive possession and enjoyment of the said property for which Patta Nos.2076 and 1798 were also issued in their favour. Thereafter, the said Ilavarasi and Malar @ Thangamalar were given marriage and settled in their matrimonial home. While so, on 13.09.2005, the said Ilavarasi died leaving behind her husband Mr.Ramar and daughter Prabadevi/the petitioner herein. Thereafter, on 23.06.2020 the minor petitioner Prabadevi and her maternal aunt Malar @ Thangamalar partitioned their property which was registered as Document No.975 of 2020 on the file of the second respondent. When the petitioner approached the second respondent to get back the partition deed, the second respondent orally informed that since the third respondent had already cancelled the settlement deed on 07.01.2009 vide document No.32 of 2009, the partition deed cannot be released. According to the petitioner, the third respondent is not entitled to cancel the settlement deed after four years of the death of the minor petitioner's mother and it is void abinitio. Hence, the petitioner has come forward with the present Writ Petition.

2.1. The learn