S.Mala v. District Arbitrator And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2024

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.6780 of 2021 & 5195 of 2022 Mala ....

Petitioner Vs

1. District Arbitrator & District Collector, Nagapattinam District, Nagapattinam.

2. Sub Divisional Arbitrator & Revenue Divisional Officer, Nagapattinam District, Nagapattinam.

3. S.Nagalakshmi ....

Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorari, calling for the records of the second respondent in its impugned order in Na.Ka.No.1815/2019/A3, dated 25.01.2021 and quash the same.

For Petitioner : Mr.Abdul Wahab for Mr.S.Punniyakotti For R1 & R2 : Mr.E.Vijay Anand Additional Government Pleader For R3 : Mr.D.Arun Kumar

ORDER

This Writ Petition has been filed challenging the order passed by the second respondent dated 25.01.2021, thereby allowed the complaint lodged by the third respondent under Section 23(2) of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, thereby declared the settlement deed executed in favour of the petitioner's husband as void.

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

3. It is seen that now the third respondent died. The third respondent has four daughters as her legal heirs. Therefore, the petitioner can file a suit for partition in respect of the subject property in the manner known to law, if so advised.

4. With the above direction, this writ petition stands disposed of. Consequently, connected miscellaneous petitions are closed. No costs.

13.06.2024 Internet : Yes Speaking/Non-speaking order Lpp

To

1. District Arbitrator & District Collector, Nagapattinam District, Nagapattinam.

2. Sub Divisional Arbitrator & Revenue Divisional Officer, Nagapattinam District, Nagapattinam.

G.K.ILANTHIRAIYAN, J.

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