R.Mahalakshmi v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2021

CORAM:

THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P. No.20943 of 2021 and W.M.P. Nos. 22213 & 22214 of 2021 R. Mahalakshimi, ... Petitioner -Vs1.The State of Tamilnadu Rep by its Secretary, Tamilnadu Housing and Urban Department, Fort St. George, Chennai-600009.

2. The Chairman, Tamilnadu Housing Board Department, CMDA Complex, E&C Market Road, Koyambedu, Chennai-600 107.

3. The Managing Director, Tamilnadu Housing Board Department CMDA Complex, E&C Market Road, Koyambedu, Chennai-600 107

4. The District Registrar, Tamilnadu Registration Department, Chepauk, Chennai-600 005

5. The Deputy Registrar, Tamilnadu Registration Department, Chennai Konnur Sub-Registrar, CTH Road, Ambatur, Chennai-600 053.

6 A. Santhanakrishnan

7. T. Rani ... Respondents PRAYER: This Petition is filed under Article 226 of the Constitution of India, praying for to issue Writ of Certiorarified Mandamus or any other appropriate Writ, Order or

Direction in the nature of Writ calling for the records pertaining in Settlement Deed Volume Book No.-I, Document No.1717, dated 27.05.2020 and quash the same and consequently directing the respondents 4 and 5 to cancel the settlement deed and pass orders accordingly.

For Petitioner :: Mr. M. Selvam for (M/s.K.Prabhakaran) For Respondents-1,3,4&5 :: Mr. Yogesh Kannadasan (Government Advocate)

O R D E R

This Writ Petition has been filed under Article 226 of the Constitution of India, praying for to issue Writ of Certiorarified Mandamus or any other appropriate Writ, Order or Direction in the nature of Writ calling for the records pertaining in Settlement Deed Volume Book No.-I, Document No.1717, dated 27.05.2020 and quash the same and consequently directing the respondents 4 and 5 to cancel the settlement deed and pass orders accordingly.

2.The learned counsel for the petitioner would submit that the 3rd respondent has executed sale deed in favour of the petitioner's mother namely T.Rani vide Sale Deed Document No.2279 dated 30.05 1997 for the Tamil Nadu Housing Board Property. The petitioner's father Thiru Angamuthu died on 24.06.2016. The petitioner and his mother and brother are living together in the said property. Under such circumstances, the petitioner's mother has settled the property in question in favour of her brother without consent of the petitioner herein vide Settlement Deed Book No.I Document No.1717 dated 27.05.2020. Hence the petitioner has sent several representations to the respondents 1 to 5 against the aforesaid settlement deed. There is no response and reply from the side of the respondents 1 to 5 on her representations so far.

Hence, the petitioner is left with no other alternative remedy except to approach this Hon'ble High Court by invoking its jurisdiction under Article 226 of Constitution of India for issuance of Writ of Certiorarified Mandamus calling for the records pertaining in Settlement Deed Volume Book No.-I, Document No.1717, dated 27.05.2020 and quash the same and consequently directing the respondents 4 and 5 to cancel the settlement deed and pass orders accordingly.

3. The learned Government Advocate for the respondents 1,3,4 & 5 would submit that the petitioner's mother has executed Settlement Deed vide Document No.1717, dated 27.05.2020 in her son's favour since the property was allotted in the name of the petitioner's mother for total price consideration of a sum of Rs.1919/- by the TamilNadu Housing Board. Hence, the petitioner is entitled to execute settlement Deed as per her inclination.

4. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents as well as perused the material available on records.

5. On a perusal of the records, it is seen that the property has been purchased by the petitioner's mother after paying necessary sale consideration as required by the Tamil Nadu Housing Board vide Sale Deed Document No.2279 dated 30.05 1997 wherein there are no details in the payment of sale consideration, whether the petitioner's father or petitioner has paid some amount or whole amount for purchase of the said property. Under such circumstances, this Court is not inclined to interfere with the Settlement Deed executed in favour of the petitioner's brother. However, the petitioner is at liberty to approach the Authority concerned to claim her share in the said property if she proves her right in the said property. 6.In the result, the Writ petition is dismissed accordingly. Consequently, connected miscellaneous petition is closed if any. There shall be no order as to costs.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR Lbm To 1.The Secretary, State of Tamilnadu Tamilnadu Housing and Urban Department, Fort St. George, Chennai-600009.

2. The Chairman, Tamilnadu Housing Board Department, CMDA Complex, E&C Market Road, Koyambedu, Chennai-600 107.

3. The Managing Director, Tamilnadu Housing Board Department CMDA Complex, E&C Market Road, Koyambedu, Chennai-600 107.

4. The District Registrar, Tamilnadu Registration Department, Chepauk, Chennai-600 005

5. The Deputy Registrar, Tamilnadu Registration Department, Chennai Konnur Sub-Registrar, CTH Road, Ambatur, Chennai-600 053.

+1cc to Mr.K.Prabhakaran, Advocate Sr.51530 +1cc to the Government pleader Sr.51600 W.P. No.20943 of 2021 and W.M.P. Nos. 22213 & 22214 of 2021 vbm[co] srg 20/12/2021