K.Samiyappan v. The Sub Divisional Executive Magistrate/

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.05.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T.ASHA K.Samiyappan ... Petitioner -Vs1.The Sub Divisional Executive Magistrate/ Revenue Divisional Officer, 2.The District Registrar, (Adm.,), (Assistant Inspector General of Registration), Registration Department, 3.The Sub Registrar, Registration Department, Chennimalai, Erode District.

4.S.Maheshwaran 5.Marappa Gounder ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the 2nd and 3rd respondents to implement the order passed by the first respondent in his proceedings Mu.Mu.2452/2023/B2, dated 01.08.2023.

For Petitioner : Mr.C.Prakasam For R1 : Mr.S.J.Mohamed Sathik For R2 and R3 : Mr.L.S.M.Hasan Fizal

O R D E R

The above Writ Petition has been filed to direct the 2nd and 3rd respondents to implement the order passed by the first respondent in his proceedings Mu.Mu.2452/2023/B2 dated 01.08.2023 under the provisions of Maintenance and Welfare of Parents and Senior Citizenship Act, 2007. 2.

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

3.

It is noticed that by an order dated 01.08.2023, the authority under the said act has held that the settlement deed in document No:12703/2018, dated 19.09.2018 is invalid and has also ordered the second respondent to cancel the same. However, it is the contention of the petitioner that the respondents 2 and 3 are refusing to make necessary entries in the Book I Register.

4.

The refusal on the part of the second respondent to record the order passed by the statutory authority is without any basis and there appears to be an overreach on the part of the second respondent. 5.

Therefore, the third respondent viz.,The Sub Registrar, Chennimalai, Erode District, is directed to record the order passed by the first respondent dated 01.08.2023 in Mu.Mu.2452/2023/B2 and make an entry in the settlement document Book No:1-2703/2018 maintained by him on or before 20.06.2024.

With the above direction, this Writ Petition is allowed. No costs. 16.05.2024 Internet : Yes Index : Yes/No Speaking order/Non-speaking order ssa To 1.The Sub Divisional Executive Magistrate/ Revenue Divisional Officer,

2.The District Registrar, (Adm.,), (Assistant Inspector General of Registration), Registration Department, 3.The Sub Registrar, Registration Department, Chennimalai, Erode District.

P.T.ASHA , J.

ssa 16.05.2024