U.Shathaj v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2025

CORAM:

THE HONOURABLE MRS. JUSTICE N.MALA U. Shathaj ... Petitioner Vs

1. The District Collector Collector Office, Salem District.

2. The Revenue Divisional Officer, Revenue Divisional Office, Salem District.

3. The Sub Registrar, Salem West Sub Registration Office, Salem District.

4. N. Mohammed Ashick

5. N. Kaleem Basha

6. S. Beer Sadiq .... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus to direct the 1st and 2nd respondents to consider the petition dated 30.12.2024 which was 1/6

registered as grievance ID No.TN/REV/SLM/I/COLLMGDP/30DEC24/10726255 and to take appropriated steps for cancellation of settlement deed dated 12.12.2013 which was registered as document No.4701 of 2013. For Petitioner : Mr.D.Sivashanmugam For Respondents : Mr.K.Suresh Government Advocate for R1 to R3

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus to direct the 1st and 2nd respondents to consider the petition dated 30.12.2024 which was registered as grievance ID No.TN/REV/SLM/I/COLLMGDP/30DEC24/10726255 and to take appropriated steps for cancellation of settlement deed dated 12.12.2013 which was registered as document No.4701 of 2013.

2. The petitioner is a senior citizen and grand mother of the 4th and 5th respondents herein. She had executed a settlement deed in favour of her grand sons i.e., 4th and 5th respondents herein. The settlement deed 2/6

dated 12.12.2013, was registered as document No.4701 of 2013 on the file of Sub Registrar, Salem. The said property was the petitioner's self acquired property which was purchased by her through sale deed dated 24.06.2010 and registered as document No.2818 of 2010 on the file of Sub Registrar, Salem West. When the 4th and 5th respondents tried to sell the property, the petitioner asked them not to sell the property. Thereafter, the petitioner on 30.12.2024 again requested the 4th and 5th respondents not to sell the property and informed them that she was going to give a petition before the District Collector, Salem for cancellation of settlement deed. On 30.12.2024, the petitioner submitted a petition to the 1st respondent for taking appropriate steps for cancellation of the settlement deed dated 12.12.2013, under Maintenance and Welfare of Parents and Senior Citizen Act, 2007. The 1st respondent forwarded the said petition to the 2nd respondent for taking appropriate steps but no action was taken. The petitioner therefore filed the above writ petition for the aforesaid relief.

3. Though a larger relief was claimed in the Writ Petition, the 3/6

learned counsel for the petitioner submits that, it would suffice, if this Court directs the 2nd respondent to consider the petitioner's representation dated 30.12.2024 on merits and pass orders within a time frame to be fixed by this Court.

4. Taking into consideration the facts and circumstances of the case and the limited relief sought by the learned counsel for the petitioner, this Court directs the 2nd respondent, to consider the petitioner's representation dated 30.12.2024, and pass appropriate orders on merits and in accordance with Maintenance and Welfare of Parents and Senior Citizen Act, 2007, within a period of six weeks from the date of receipt of a copy of this order.

5. With the above direction, the writ petition is disposed of. No costs.

07.07.2025 dpq Index: Yes/No Speaking order / Non speaking order 4/6

To

1. The District Collector Collector Office, Salem District.

2. The Revenue Divisional Officer, Revenue Divisional Office, Salem District.

3. The Sub Registrar, Salem West Sub Registration Office, Salem District.

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N. MALA, J.

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