Minor Jeeva Rithwik S v. The Sub Collector/Sub Divisional Magistrate
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.08.2024 CORAM :
THE HON'BLE MR. D.KRISHNAKUMAR, ACTING CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE P.B.BALAJI W.A.No.1664 of 2024 and CMP No.11756 of 2024 Minor Jeeva Rithwik, S., S/o K.Sukumar, rep. by his mother and Natural guardian S.Lavanya, w/o K.Sukumar, No.87, Kurinchi Maanagar, Vilangkurichi, Coimbatore 641 035.
... Appellant Vs.
1. The Sub Collector / Sub Divisional Magistrate, Presiding Officer, Tribunal for Maintenance and Welfare of Parents and Senior Citizens, Pollachi.
2. Krishnansamy @ A.Nanjappa Gounder,
3. K.Sukumar ... Respondents PRAYER : Writ Appeal filed under Clause 15 of Letter Patent to set aside the order dated 22.04.2024 made in W.P.No.11532/2020 and allow the writ appeal.
For Appellant : Mr.M.Sivavarthanan For Respondents : Mr.K.Karthik Jagannath, Government Advocate for first respondent Mr.R.Bhath Kumar for second respondent Mr.D.R.Raghunath for third respondent
JUDGMENT
(Order of the Court was made by the Hon'ble Acting Chief Justice) This intra court appeal has been filed to set aside the order passed by the learned Single Judge dated 22.04.2024 made in W.P.No.11532/2020.
2. The appellant, who is minor, is son of the third respondent and the second respondent is his grandfather. The appellant is represented by his mother S.Lavanya.
3. The appellant/writ petitioner has approached the writ court, to quash the order passed by the District Collector, Coimbatore, dated 24.03.2021, confirming the order passed by the Sub Collector, Pollachi, dated 15.06.2020, under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, thereby cancelling the gift settlement deed executed by his grandfather (second respondent) in favour of him, vide doc. No.2588/2019, dated 13.03.2019. The Writ Court has dismissed the above
writ petition and the same is impugned herein.
4. Pending writ appeal, amicable settlement has been arrived at between the parties through the Tamil Nadu Mediation and Conciliation Centre and the parties have been compromised in terms of the Joint memo of compromise, dated 16.07.2024, entered into between the appellant and the respondents 2 and 3. To that effect, Mediation report along with the above said compromise memo was placed before this Court along with the writ appeal for passing appropriate order.
5. Accordingly, this writ appeal is listed today for passing order.
6. The second respondent viz., Krishnansamy @ A.Nanjappa Gounder, who is a Senior Citizen, is appeared through Video Conference from the Mediation Centre, Coimbatore. The natural guardian of the appellant and the third respondent are appeared before this Court. The counsel for parties are also present before this Court.
7. The parties are agreed before this court that the dispute and
differences between them was settled in terms of the Joint Memo of compromise dated 16.07.2024, which has been duly signed by them and their respective counsel. The said Joint Memo of Compromise is recorded.
8. In view of the above, this writ appeal is disposed of in terms of the Joint Memo of Compromise, dated 16.07.2024 and the above Joint Memo of Compromise shall form part of this order. Consequently, connected miscellaneous petition is closed.
(D.K.K., A.CJ.) (P.B.B.J.) Internet: Yes/No 07.08.2024 Index : Yes/No mst
THE HON'BLE ACTING CHIEF JUSTICE and P.B.BALAJI , J.
mst 07.08.2024