IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.09.2025 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.M.P.Nos.40224 & 40224 Mandothari Prasad @ Russia ... Petitioner Vs

1.The Sub Registrar, Office of the Sub Registrar (District Registrar Cadre)

Mylapore, Chennai-600 004.

Kantha @ K.T.Kanthasoroobi (died)

2.Malarkodi Sukumaran [R-2 substituted as LR of the deceased Kantha @ k.T.Kanthasoroobi vide order dated 18.09.2025 in W.M.P.No.40214 of 2025]

3.K.T.Pugazhendhi (Died)

4.Kayal vizhi

5.Selventhiren

6.Sathya [RR-4 to 6 substituted as Lrs deceased R-3, K.T.Pugazhendhi vide order dated 18.09.2025 in W.M.P.No.40214 of 2025]

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of declaration, declaring that the deed of cancellation of Settlement deed executed by the 2^nd Respondent on 07.02.2014 registered as document No.368/2014 on the file of the 1^st Respondent by cancelling the settlement deed dated 27.05.2013 executed by the 2^nd Respondent in favour of the Petitioner registered as document No.1647/2013 on the file of the 1^st Respondent is Null and void and not binding on the Petitioner over the property situate in old door No.36 later No.7 and now N0ew No.13, 3^rd Main Road, Raja Annamalaipuram, Chennai-600 028 with RS No.3968/80 part Block No.88, Mylapore Division, more fully described in the B Schedule in the settlement deed to an extent 2613 sq.ft along with built up house.

For Petitioner : Mr.S.Balasubramanian For Respondents : Mr.Stalin Abhimanyu, Additional Government Pleader for R-1.

: R-2 (Died)

: Mr.S.Kumaradevan for RR-3 to 6.

O R D E R

Aggrieved by the cancellation of settlement deed dated 27.05.2013 which was executed by the 2^nd respondent in favour of the petitioner, the present Writ Petition has been filed by the petitioner seeking declaration of the deed of cancellation of the settlement deed dated 07.02.2014 as null and void.

2. W.M.P.No.40214 of 2025 filed seeking substitution of legal heirs of the deceased respondents is ordered.

3. Initially, this Writ Petition was allowed by the Co-ordinate Bench of this Court vide order dated 26.08.2021 declaring the unilateral cancellation of the Settlement Deed dated 27.05.2013 executed in favour of the petitioner which was challenged by the legal heirs of the settlor before the Division Bench of this Court in W.A.No.2622 of 2022 on the ground that the said order dated 26.08.2021 came to be passed after the demise of the settlor and the Appeal was allowed relegating the parties before the learned Single Judge.

4. It is the case of the petitioner that the Settlement Deed which was executed and registered in favour of the petitioner by his mother the settlor during her lifetime has been unilaterally cancelled by her. Aggrieved by which, the petitioner has come up with the present Writ Petition questioning the unilateral cancellation of the settlement deed.

5. Heard the learned counsel appearing on either side and perused the materials available on record.

6. The petitioner has questioned the unilateral cancellation of the Settlement deed which was already executed and registered in favour of the petitioner by pointing out that the issue involved in the present case is no longer res integra as the similar issue was already considered by the Full Bench of this Court in case of Sasikala and others Vs. Revenue Divisional Officer and others reported in 2022 SCC Online Mad 4343, wherein, it is held that the settlement deed, once registered by the Sub-Registrar is irrevocable. The relevant portion of the Judgement is extracted hereunder:-

“30. In the course of hearing, the judgment of Hon'ble Supreme Court in the case of S.Sarojini Amma V.Velayudhan Pillai Sreekumar, reported in (2018) 6 CTC 108 is cited. The question involved in the Appeal before Hon'ble Supreme Court was whether a document styled as Gift deed but executed for consideration part of which had been paid and the balance promised to be paid, can be treated as f