R.Sambasivam v. The Sub-Registrar,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.05.2024
CORAM:
THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN and W.M.P.No.14361 of 2024 R.Sambasivam
...Petitioner
S/o. S.Ramakrishnan Vs 1.
The Sub Registrar Kodambakkam Registrar's Office, Kodambakkam, Chennai - 600 024.
2.
S.Devi Prasadh S/o R.Sambasivam 3.
The Revenue Divisional Officer Chennai Central Chennai-600 101.
...Respondents
* Third respondent is suo-motu impleaded vide order dated 30.05.2024 in W.P.No.13214 of 2024 Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to "Refusal Check Slip" in No.RFL/Kodambakkam/65/2024 dated 10.04.2024 issued by respondent - 1, quash the same and consequently direct the 1st respondent to accept the Deed of Cancellation of Settlement 1/5
Deed over property Door Old 26A, New No.66, Old Paimash Nos.1224, 1225 & 1228, New Paimash No.568/1, Block No.46, Patta C.A.No.191/91-92 as per patta T.S. 12/5, in No.109, Puliyur Village, Egmore -Nungambakkam Tk., Chennai.
For Petitioner :
Mr.T.K.S.Gandhi For Respondents :
Mr.L.S.M.Hasan Faizal, Additional Government Pleader for R1 Mrs.V.Yamunadevi Special Government Pleader for R3
O R D E R
Though the petitioner seeks for a certiorari to cancel the Refusal Check Slip issued by the first respondent, on going through the impugned order, it is clear that the petitioner wants unilateral cancellation of the settlement deed. The settlement deed being a document of conveyance cannot be cancelled unilaterally. However, the petitioner is not without any recourse.
2. The allegation is that the second respondent, who is the son is not maintaining his father (petitioner). The remedy is available to the petitioner under the provisions of the Maintenance and Protection of 2/5
Senior Citizens Act, 2002. He has already invoked the said provision by way of representation to the Revenue Divisional Officer, Chennai Central on 07.01.2021.
3. The learned counsel for the petitioner would submit that the said representation is still pending without any progress.
4. Taking into consideration the overall circumstances of the case, this Court suo-motu impleads the Revenue Divisional Officer, Chennai Central as the third respondent to the writ petition.
5. Mrs.V.Yamunadevi, learned Special Government Pleader takes notice for the newly impleaded third respondent. She would submit that the petitioner's representation dated 07.01.2021 will be disposed of within a period of four months.
6. The said statement of Mrs.Yamuna Devi is taken on record.
7. Therefore, the newly impleaded third respondent is directed to 3/5
conduct an enquiry in terms of the Maintenance and Protection of Senior Citizens Act, 2002 and pass orders, after hearing the second respondent within a period of four months from the date of receipt of a copy of this order.
With the above directions, this Writ Petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. 30.05.2024 Index:Yes Non-speaking order mk To 1.
The Sub Registrar Kodambakkam Registrar's Office, Kodambakkam, Chennai - 600 024.
2.
The Revenue Divisional Officer Chennai Central Chennai-600 101.
V.LAKSHMINARAYANAN .J., 4/5
ssa/mk 30.05.2024 5/5