P.Akila v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN P.Akila ..Petitioner -Vs1.The District Collector, Singaravelar Maligai, No.64, Rajaji Salai, Chennai - 600 001.

2.The Revenue Divisional Officer, Chennai Central Division, Thirumangalam, Chennai.

3.The Sub-Registrar, Office of the Sub-Registrar, Kodambakkam Registrar Office, Chennai.

4.G.Sathishkumar ... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 and 2 to revoke the settlement deed in document No.578/2012, dated 21.02.2012 executed by the petitioner in favour of the 4th respondent and registered in the office of the 3rd respondent considering the representation of the petitioner and to pass suitable order for cancellation

of the settlement deed registered as document No.578/2012. For Petitioner : Mr.G.Alagesan For R1 to R3 : Mr.M.S.Arasa Kumar Government Advocate.

ORDER

This Writ Petition has been filed for a direction directing the respondent to revoke the settlement deed dated 21.02.2012 executed by the petitioner in favour of the fourth respondent.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents 1 to 3 and perused the materials available on record.

3. The petitioner's mother owned the property. She settled the property in favour of the fourth respondent by way of registered settlement deed dated 21.02.2012. Thereafter, the petitioner was not maintained by the fourth respondent and she was driven out from the settled property. Therefore, the petitioner lodged a complaint under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 before the second respondent. The second respondent disposed of the complaint by directing the fourth respondent to pay a sum

of Rs.12,000/- as monthly maintenance. Aggrieved by the same, the petitioner preferred an appeal before the first respondent on 23.04.2024 and it is pending.

4. In view of the above, the first respondent is directed to conduct enquiry, after issuance of notice to the petitioner and the fourth respondent and after giving an opportunity of hearing to them and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

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

22.08.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp G.K.ILANTHIRAIYAN. J, Lpp To 1.The District Collector, Singaravelar Maligai,

No.64, Rajaji Salai, Chennai - 600 001.

2.The Revenue Divisional Officer, Chennai Central Division, Thirumangalam, Chennai.

3.The Sub-Registrar, Office of the Sub-Registrar, Kodambakkam Registrar Office, Chennai.

22.08.2024