M.Soundaram Aged About 76 Years v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.Nos.21169, 21172 & 21175 of 2020 and 6421 of 2021 M.Soundaram ... Petitioner Vs.

1.The District Collector, Chennai District, No.62, Rajaji Salai, Chennai - 600 001.

2.The Revenue Divisional Officer, Chennai Central, Anna Nagar West Extension, Chennai - 600 101.

3.M.Prabhakar ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified, calling for the records of the 1st respondent dated 09.10.2020 having Ref.No.Na.Ka.No.5300/A6/2019 and quash the same in so far as the 1st respondent cancelled the order of the 2nd respondent having Ref.No.Mu.Mu.No.4413/2018/A5, dated 09.11.2019 and

consequently restore the order of the 2nd respondent having Ref.No.Mu.Mu.4413/2018/A5 dated 09.11.2019 declaring the Settlement Deed dated 25.05.2007 having Registration No.2817/2007 as void. For Petitioner : Mrs.Nalini Chidambaram Senior Counsel for Mrs.C.Uma For R1 & R2 : Mr.S.J.Mohamed Sathik Government Advocate For R3 : Mr.S.Parthasarathy Senior Counsel for Mr.P.Dineshkumar

O R D E R

Learned Senior Counsel appearing on behalf of the petitioner Mrs.Nalini Chidambaram and learned Senior Counsel appearing on behalf of the 3rd respondent Mr.S.Parthasarathy would submit that the parties have settled the issue by signing the Memorandum of Compromise. The parties are present before this Court. The Memorandum of Compromise entered into between the parties placed before this Court. The 3rd respondent/ Mr.M.Prabhakar is also present. The Memorandum of Compromise dated 05.02.2024 reads as follows:

"This Memorandum of Compromise witnesseth as follows:

1.

Mr.Prabakar Mohan will pay a sum of Rs.40,00,000/- (Rupees forty lakhs only) to his mother Mrs.Soundaram Mohan as full and final settlement of the arrears of maintenance payable by Mr.Prabakar Mohan to his mother Mrs.Soundaram Mohan and the said amount to be paid by him to his mother Mrs.Soundaram Mohan within a period of 45 days from the date of this Memorandum of Compromise.

2.

Mr.Prabakar Mohan will additionally also regularly pay on or before 10th of every month from the date of the Memorandum of Compromise a sum of Rs.20,000/- to his mother Mrs.Soundaram Mohan without fail towards her future maintenance.

3.

Mrs.Soundaram Mohan is always at liberty to stay with Mr.Prabakar Mohan on her visit to Erode and Mr.Prabakar Mohan will treat her with affection and provide all facilities to her for her comfortable stay whenever she visits Erode.

4.

Mrs.Soundaram Mohan also agrees to withdraw the S.A.No.1058 of 2013 pending on the file of this Hob'ble Court, since the matter has been settled. Mrs.Soundaram Mohan agrees that the W.P.No.17102 of

2020 may be disposed of in terms of the Memorandum of Compromise."

2.

In view of the Memorandum of Compromise entered into between the writ petitioner and the 3rd respondent, no further adjudication with reference to the grounds raised need not be undertaken. The said Memorandum of Compromise dated 05.02.2024 shall form part of the record. 3.

Accordingly, the Writ Petition stands disposed of in terms of the Memorandum of Compromise entered between the parties. 06.02.2024 veda Index : Yes / No Speaking order / Non-Speaking Order

To 1.The District Collector, Chennai District, No.62, Rajaji Salai, Chennai - 600 001.

2.The Revenue Divisional Officer, Chennai Central, Anna Nagar West Extension, Chennai - 600 101.

S.M.SUBRAMANIAM, J.

veda 06.02.2024