H.Faisun Bee v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-04-2025

CORAM

THE HONOURABLE MR JUSTICE J.SATHYA NARAYANA PRASAD H.Faisun Bee, W/o.Mr.Hidhayathullah Sahib, No.23 Phughalenthy Street, Keelperumpakkam, Villupuram Taluk and District.

Petitioner(s) Vs 1.The District Revenue Officer, Villupuram District, Villupuram.

2.The District Welfare Officer, Villupuram District, Villupuram.

3.Sarthar Ali, S/o.Mr.Hidhayathullah Sahib, No.23 Phughalenthy Street, Keelperumpakkam, Villupuram Taluk and District.

4.Haneepha, S/o.Mr.Hidhayathullah Sahib, 55/26 Vada Ayyankula Agrahara Street, Thiruvannamalai Town Taluk and District.

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5.Jaheer Hussain, S/o.Mr.Hidhayathullah Sahib, No.23 Phughalenthy Street, Keelperumpakkam, Villupuram Taluk and District.

6.Noorjahan, D/o.Mr.Hidhayathullah Sahib, W/o.Kamal Basha, No.3 Pattel Abdul Razak Street, Thiruvannamalai Town Taluk and District.

7.Mumtaj, D/o.Mr.Hidhayathullah Sahib, W/o.Rahamathulla, 172/40 Periya Street, H.M.Paradise Apartment A5 Block, Thiruvallikeni Chennai 05.

8.Jameela Bee D/o.Mr.Hidhayathullah Sahib, W/o.Siraj Uthaowllah, 21/22 M.G.R Nagar, Kohtnadapanipuram, Arakandanallur, Kandachipuram Taluk, Villupuram District.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, directing the respondents 1 and 2 to complete the enquiry based the petitioners representation / complaint dated 24.02.2025 in accordance with law within a stipulated period of time and pass such further orders. For Petitioner:

Mr.R.Rajkumar For R1 & R2:

Mr.S.J.Mohamed Sathik, Government Advocate 2/6

ORDER

This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to complete the enquiry based the petitioner's representation / complaint dated 24.02.2025.

2. The petitioner, a 79-year-old woman from Villupuram, is the owner of certain house properties purchased in her name by her late husband, Mr. Hidhayathullah Sahib, through two sale deeds in 1980. After her husband's demise in September 2006, she continued to reside in the same property. On 20.02.2025 and 27.02.2025, her sons and daughters took her to the SubRegistrar's Office and got several settlement deeds registered in their favor. Later, on 05.03.2025, two further deeds were registered among her sons by exchanging portions of the property. These documents were executed when the petitioner was under physical and mental duress due to her advanced age and illiteracy.

3. Learned counsel appearing for the petitioner submits that the petitioner was misled by her children into believing that the property would be equally 3/6

distributed among all six of her children but later realized that one of her daughters, Mrs.Mumtaj, was excluded. He further submits that the petitioner's thumb impressions were taken without explaining the content of the deeds. The petitioner's sons mistreat her and prevented her from attending the enquiry initiated under the Maintenance and Welfare of Parents and Senior Citizens Act. He submits that despite the petitioner's complaint to the Registration Department, cancellation of the documents was stalled due to a Court order. Fearing that the petitioner's sons may sell the property and evict her, the petitioner has approached this Court.

4. Learned Government Advocate appearing for R1 and R2 submitted written instructions from the 1 st respondent vide Na.Ka.A1/582/2025 dated 05.04.2025 wherein it is stated that the enquiry has already been initiated by the st respondent based on the petitioner's representation dated 24.02.2025, and the next hearing date is scheduled to be held on 12.05.2025 at 11.00 a.m. Hence, the learned Government Advocate requested two months to conclude the enquiry proceedings.

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5. Heard both sides and perused the materials available on record.

6. Without going into the merits of the case, the second respondent is directed to conduct a detailed enquiry based on the petitioner's representation dated 24.02.2025 after giving due notice to the petitioner as well as respondents 3 to 8, affording an opportunity of personal hearing, taking into consideration all the relevant documents submitted by the parties, and conclude the enquiry by passing appropriate orders on merits, in accordance with law, within a period of two months from the date of receipt of a copy of this order.

In the result, the writ petition stands disposed of with the above observations and direction. No costs.

15-04-2025 cda To 1.The District Revenue Officer, Villupuram District, Villupuram.

2.The District Welfare Officer, Villupuram District, Villupuram.

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J.SATHYA NARAYANA PRASAD J.

cda 15-04-2025 6/6