M.R.Krishnan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.07.2025 CORAM :
THE HONOURABLE MRS.JUSTICE N.MALA Writ Petition No .25718 of 2025 M.R.Krishnan ... Petitioner Vs.
1. The District Collector, Chennai District, Rajaji Salai, Chennai - 600 001.
2.The Revenue Divisional officer Ambattur Division-Chennai District Mogappair, Chennai - 600 101.
3.The Sub-Registrar, Sub-Registrar's Office, Ambattur, Chennai - 600 053.
4.K.Karthikeyan ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus, directing the 1st and 2nd Page No.1 of 7
respondents to take appropriate action on petitioner's representation dated 21.10.2019 and cancel the settlement deed in document No.13302 of 2005 executed in favour of 4th respondent and registered at the office of the 3rd respondent.
For Petitioner : Mr. R.Thanigaiarasu For Respondents : Mr.K.Suresh, GA - R1 to R3
O R D E R
Seeking directions to the 1st and 2nd respondents to take appropriate action on the petitioner's representation dated 21.10.2019, for cancellation of the settlement deed in document No.13302 of 2005, executed by him in favour of 4th respondent, the present writ petition is filed.
2. Mr.K.Suresh, learned Government Advocate takes notice for the respondents 1 to 3. As no adverse orders are passed against the 4th respondent, the writ petition is disposed without notice to him.
3. By consent of both the counsels, this writ petition is taken up for final disposal at the admission stage itself. Page No.2 of 7
4.The petitioner is a 84-year-old, retired bill collector. He purchased a housing plot in Ambattur, Chennai, with his retirement benefits. The petitioner built a house in the said housing plot by selling his wife's jewels. The petitioner had five children (two daughters and three sons). One of his sons (the 4th respondent), is a real estate dealer and a politically influencial person. The petitioner states that with his political power, the 4 th respondent threatened the petitioner and coerced him into executing a settlement deed on 15.12.2005, in his favour of the aforesaid property. Thereafter, the 4 th respondent filed a civil suit in OS.No.320/2006, restraining the petitioner and his siblings from interfering with his possession.
5. The petitioner further states that the 4th respondent, completely negelected the petitioner by failing to provide for his basic needs and medical expenses, despite having usruped his property. The petitioner therefore submitted a representation to the 1 st respondent/District Collector, Chennai, on 21.10.2019, for cancellation of the settlement deed, under the Tamil Nadu Page No.3 of 7
Maintenance and Welfare of Parents and Senior Citizens Act, 2007. However, no action was taken. Thereafter, the petitioner filed a maintenance case under Senior Citizens Maintenance Act, on the file of the Judicial Magistrate, Ambattur in M.C.No. 20 of 2022. Despite being summoned by authorities for enquiry as early as in January 2024, no final order was passed. However, the petitioner continued to struggle for monthly medical and living expenses. Left with no other remedy, the petitioner filed the above writ petition for the aforesaid relief.
6. It is seen that the petitioner is a senior citizen aged about 84 years. While so, the petitioner submitted a representation to the 2nd respondent, for cancellation of the settlement deed executed by him on 15.02.2005, in favour of the 4 th respondent, invoking the provisions of the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and for appropriate orders. The 2nd respondent though conducted an enquiry, has failed to pass final orders till date.
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7. Under the aforesaid facts and circumstances of the case and considering that the petitioner's representation is pending for more than 6 years, I am inclined to direct the second respondent to consider the petitioner's representation dated 21.10.2019, submitted for cancellation of the settlement deed dated 15.02.2005, under the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and pass orders on merits and in accordance with law, within a period of eight (8) weeks, from the date of receipt of a copy of this order.
8. With the aforesaid direction, this writ petition is disposed of. No costs.
15.07.2025 msv Index :
Yes/No Speaking Order :
Yes/No :
Yes/No Page No.5 of 7
To
1. The District Collector, Chennai District, Rajaji Salai, Chennai - 600 001.
2.The Revenue Divisional officer Ambattur Division-Chennai District Mogappair, Chennai - 600 101.
3.The Sub-Registrar, Sub-Registrar's Office, Ambattur, Chennai - 600 053.
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N.MALA,J.
msv 15.07.2025 Page No.7 of 7