P.Muniyappan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.02.2025
CORAM
THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and WMP.No.5655 of 2025 P.Muniyappan ... Petitioner vs.
1. The District Collector, Thiruvannamalai District, Thiruvannamalai.
2. The Revenue Divisional Officer, Thiruvannamalai Division, Thiruvannamalai District.
3. M.Selvaraj .. Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the first and second respondents to pass order cancelling the gift deed executed by the petitioner in favour of his son dated 06.12.2021 in Document No.2222/2021 on the file of the Sub-Registrar, Mangalam, Thiruvannamalai District based on the representation of the petitioner dated 25.11.2024 under Section 5 and 23 of Maintenance and Welfare of Page No.1 of 6
Parents and Senior Citizens Act, 2007 within a time frame to be fixed by this Court.
For Petitioner : Mr.C.Munusamy For R1 & R2 : Mr.S.J.Mohamed Sathik Govt.Advocate
ORDER
By consent, the Writ Petition is taken up and disposed of at the admission stage itself.
2. The present writ petition has been filed to direct the first and second respondents to pass order cancelling the gift deed executed by the petitioner in favour of his son dated 06.12.2021 vide Document No.2222/2021 on the file of the Sub-Registrar, Mangalam, Thiruvannamalai District based on the representation of the petitioner dated 25.11.2024 under Section 5 and 23 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 .
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3. It is the case of the petitioner that he is having two acres of agricultural land along with terraced building in Survey Nos.182/2A and 183/2C situated at Vedanthavadi Village, Kilpennathur Taluk, Thiruvannamalai District. The petitioner had executed a Gift Deed in favour of his son and the same was duly registered before the Sub Registrar, Mangalam vide Document No.2222/2021 dated 06.12.2021. Thereafter, the third respondent refused to take care of the parent's needs i.e. food and shelter. Hence, the petitioner had approached the official respondents and other authorities concerned on several occasions in person. However, he has given a representation to the Revenue Divisional Officer including the District Collector and Chief Minister's Special Cell as early as in the year 2023. Again, he sent a representation dated 25.11.2024 to the respondents. But the same was not considered by the authorities till date. Aggrieved by the same, the petitioner has filed the present writ petition.
4. The learned counsel appearing for the petitioner submitted that he has given a petition to the second respondent to cancel Gift Deed in favour of his son vide Document No.2222/2021 dated 06.02.2021 on the Page No.3 of 6
file of Sub Registrar Office, Mangalam, Thiruvannamalai District. Thereafter, the second respondent issued summon to the petitioner on 23.06.2023 with regard to take back the said land from his son and transfer the patta in the name of petitioner and the enquiry was fixed on 04.07.2023 before the Revenue Divisional Officer. After that, no action was taken by the second respondent.
5. The learned Government Advocate appearing for the respondents 1 and 2 submitted that next date of enquiry is fixed on 20.02.2025 and the enquiry will be completed within a stipulated time that may be fixed by this Court.
6. Heard the learned counsel appearing on either side and also perused the materials available on records.
7. In view of the submissions made by the learned counsel on either side and also without going into the merits of the case, the second respondent is directed to complete the enquiry based on the representation of the petitioner dated 25.11.2024, within a period of four weeks from Page No.4 of 6
the date of receipt of a copy of this order.
8. This writ petition stands disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 17.02.2025 Index : Yes/No.
Internet : Yes/No.
Speaking : Non-speaking Order kkd To
1. The District Collector, Thiruvannamalai District, Thiruvannamalai.
2. The Revenue Divisional Officer, Thiruvannamalai Division, Thiruvannamalai District.
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J.SATHYA NARAYANA PRASAD, J.
kkd 17.02.2025 Page No.6 of 6