IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 WP(C).No. 8413 of 2009(V) ------------------------- PETITIONER(S): ------------------ MR. TOM.T. MATHEW, AGED 43 YEARS, S.O.MATHAI, NO.38/446,ALBY'S ANTONY ESTATE, ERNAKULAM-682016. BY ADV. SRI.P.P.JOYI RESPONDENT(S): ------------------- 1. MRS. THRESIAMMA MATHAI,AGED 72 YEARS, THALCHIRAKUNNU PUTHEN PURAYIL, NEEZHOOR VILLAGE, PERUVA.P.O.,KOTTAYAM. DIST. 2. MR. MATHAI VARKEY, AGED 80 YEARS, S/O.VARKDY, THALACHIRAKUNNU PUTHEN PURAYIL, NEEZHOOR VILLAGE, PERUVA.P.O.KOTTAYAM DIST. 3. THE SUB-REGISTRAR,KADATHURUTHY, KADATHURUTHY.P.O.,KOTTAYAM DIST. GOVT.PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ============== W.P.(C) NO. 8413 OF 2009 (V) ==================== Dated this the 17th day of March, 2009 J U D G M E N T By Ext.P1 settlement deed, respondents 1 and 2 who are the parents of the petitioner, settled certain properties in favour of the petitioner. By Ext.P5, which is a registered cancellation deed, that settlement has been cancelled by respondents 1 and 2. The petitioner has filed this writ petition challenging Ext.P5 on the ground that the 3rd respondent has registered the document without jurisdiction. 2. I am of opinion that the remedy of the petitioner lies in filing a suit to set aside Ext.P5 cancellation deed. Therefore, without prejudice to that right, this writ petition is dismissed. SIRI JAGAN, JUDGE Rp