IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 WP(C).No. 20379 of 2009(N) -------------------------- PETITIONER(S): --------------- THANKAMONY, AGED 47 YEARS, W/O.SASIRAJAN, KAVINUKIZHAKKETHIL HOUSE, NO.7/374, THEKKEMALA PO, KOZHANCHERI, PATHANAMTHITTA,. BY ADV. SRI.G.S.REGHUNATH RESPONDENT(S): --------------- 1. THE SUB REGISTRAR, KOZHANCHERY, PATHANAMTHITTA. 2. SASIRAJAN, AGED 57 YEARS, S/O.NANUPILLAI, KAVINUKIZHAKKETHIL HOUSE, NO.7/375, THEKKEMALA PO, KOZHANCHERI, PATHANAMTHITTA. BY SRI. M.A. ASIF, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2009, THE COURT ON 20/07/2009 DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.20379 of 2009 -------------------------- Dated this the 20th July,2009 J U D G M E N T Second respondent is the husband of the petitioner. According to her, Ext.P1 settlement deed was executed by him settling an extent of 19 cents of land in favour of the petitioner. Thereafter, the 2nd respondent tried to force the petitioner into executing a release deed in respect of the same property. She refused. Now it is apprehended that the 2nd respondent is proceeding to execute a cancellation deed of Ext.P1. She has therefore filed Ext.P2 representation before the Sub Registrar to hear the petitioner also, if any such document cancelling Ext.P1 is executed and presented for registration. Remedy of the petitioner lies before the Civil Court. If there is already a conveyance as per Ext.P1, obviously the original executant may not be in a position to unilaterally execute a cancellation deed. At any rate, if a cancellation of Ext.P1 is executed. the remedy of the petitioner lies W.P ( C) No.20379 of 2009 2 before the Civil Court to get the document avoided and/or seek other appropriate reliefs. This the petitioner is perfectly entitled to avail of. Reserving the liberty of the petitioner to do so, writ petition is closed. (V.GIRI,JUDGE) ma W.P ( C) No.20379 of 2009 3 W.P ( C) No.20379 of 2009 4