Etti Gounder v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.11.2022 CORAM :
THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition No.30244 of 2022 Etti Gounder ... Petitioner Vs.
1.The District Collector, Office of the Collectorate, Namakkal District.
2.The Revenue Divisional Officer, Office of the Revenue Division, Namakkal District.
3.The Sub Registrar, Office of the Sub Registrar, Thammampatty, Namakkal.
4.Muthusamy ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing the first respondent herein to dispose the petitioner's appeal dated 08.02.2022 by giving opportunity of personal hearing of the petitioner within a stipulated time frame and consequently direct the first respondent herein to issue a direction to the third Page No.1 of 7
respondent herein to cancel the Settlement deed dated 13.06.2005 executed by the petitioner vide Document No.700/2005, registered on the file of the third respondent.
For Petitioner :
Mr.Camyles Gandhi For Respondents 1 & 2 :
Mr.U.Bharanidharan, Additional Government Pleader For Respondent 3 : Mr.G.Krishna Raja, Additional Government Pleader
O R D E R
The petitioner has filed this writ petition for issuance of Writ of Mandamus directing the first respondent herein to dispose the petitioner's appeal dated 08.02.2022 by giving opportunity of personal hearing of the petitioner within a stipulated time frame and consequently direct the first respondent herein to issue a direction to the third respondent herein to cancel the Settlement deed dated 13.06.2005 executed by the petitioner vide Document No.700/2005, registered on the file of the third respondent.
2. At the consent of both the parties, this writ petition is taken up for Page No.2 of 7
final disposal at the stage of admission itself.
3. Since no adverse order is being passed against the fourth respondent, notice to the fourth respondent is dispensed with.
4. The case of the petitioner is that the petitioner is a senior citizen and he has purchased a property situated in S.No.208/3, 208/4 totally measuring an extent of 4.95 acres, wherein 2.95 acres was purchased in his name and another 2.00 acres was purchased in the name of his son, who is a fourth respondent herein. Thereafter, the petitioner has settled the balance 2.95 acres in the name of fourth respondent vide settlement deed dated 13.06.2005. Suddenly, the fourth respondent driven away from the said property and failed to take care of petitioner and his wife. Therefore, the petitioner and his wife preferred a petition before the second respondent against the fourth respondent for monthly maintenance. Thereafter, an enquiry was conducted and the second respondent ordered only Rs.1000/- as maintenance for both the petitioner and his wife, however, the said order was not complied by the fourth respondent. Subsequently, the petitioner's wife died on 17.11.2021. Page No.3 of 7
Aggrieved over the same, the petitioner has preferred an appeal dated 08.02.2022 before the second respondent seeking for canceling the said registered settlement deed dated 13.06.2005 executed in favour of the fourth respondent. Hence, this writ petition.
5. Learned counsel for the petitioner submits that it would suffice, if this Court issues direction to the first respondent to dispose the petitioner's appeal dated 08.02.2022 and consequently direct the first respondent to issue direction to the third respondent to cancel the Settlement Deed dated 13.06.2005 executed by the petitioner, within a time frame to be fixed by this Court.
6. Learned Additional Government Pleader appearing for the respondents has no objection for the said order being passed.
7. Heard the learned counsel on either side and perused the materials placed on record.
Page No.4 of 7
8. Taking into the factual aspects, without going into the merits of the case, this Court issues direction to the first respondent to dispose the petitioner's appeal dated 08.02.2022 by affording reasonable opportunity of hearing to the petitioner as well as the fourth respondent and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
9. With the aforesaid direction, this writ petition is disposed of. No costs.
15.11.2022 vm Index :
Yes/No Speaking Order :
Yes/No To:
1.The District Collector, Office of the Collectorate, Namakkal District.
2.The Revenue Divisional Officer, Office of the Revenue Division, Page No.5 of 7
Namakkal District.
3.The Sub Registrar, Office of the Sub Registrar, Thammampatty, Namakkal.
M.DHANDAPANI,J.
vm Page No.6 of 7
15.11.2022 Page No.7 of 7