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Madras High CourtWP/48563/2025allowed

Mrs.Soan Gowri Alias Sonibai v. The District Collector,

2025-12-17Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Mrs.Soan Gowri Alias Sonibai ... Petitioner Vs.

1.The District Collector Tiruvallur District, Tiruvallur 2.The Revenue Divisional Officer, 5-73,SH-112,Gandhi Nagar, Annal Nagar West Extension, Chennai 3.The Inspector General of Registration, No.100, Santhome High Road, Chennai- 600028.

4.The District Registrarr, 268, Bharathi Salai, Express Estate, Royapettah, Chennai - 600002.

5.The Sub Registrar, SRO- Virugambakkam, 47/5, Arcot Road, Udhayam Colony, Lambert Nagar, Virugambakkam, Chennai - 600078.

6.Mrs.Seema Goutham Bafna 7.Mr.Mahaveer

...Respondents

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Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the Respondents 2 to 5 to dispose the petition dated 16.10.2025 in accordance with the provisions under Maintenance and welfare of parents and senior citizens act, 2007 seeking for cancellation of Settlement Deed Doc.No.6689/2011 dated 24.11.2011 on the file of S.R.O. Virugambakkam, Chennai, and to restore the property of land and building bearing Door No. 1/172, Present No.66, Poonamallee High Road, Nerkundram, Chennai 600 107, situated at Nerkundram Village, Ambattur Taluk, Thiruvallur District, comprised in Survey No. 6/281, measuring an extent of 130 Feet x 7 Feet i.e. 910 Sq.ft plus 112 x 10 Feet i.e. 1120 Sq.ft in all 2030 sq.ft., land, together with 3200 Sq.ft., of building (Ground Floor 2000 Sq.ft.

, in RCC Roof; First Floor 1000 Sq.ft., in RCC Roof and Second Floor 200 Sq.ft., in RCC Roof) including Electricity connection, Property Tax & CMWSSB connection in favuor of the Petitioner and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.

For Petitioner : M/s.Dhakshyani Reddy, Senior Counsel, for Mr.S.Ajay.

For Respondents : M/s.S.Anitha, Spl.GP. for R.1 to R.5.

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O R D E R

This writ petition was filed seeking a direction to respondents 2 to 5 to dispose of the representation of the petitioner dated 16.10.2025.

2. The Petitioner is a Senior Citizen aged about 90 years. She is the absolute owner of the property bearing Door No.1/172, Present No.66, Poonamallee High Road, Nerkundram, Chennai - 600 107, situate at Nerkundram Village, Ambattur Taluk, Thiruvallur District. The said property was acquired by the petitioner through Sale Deed No.128/1964 dated 24.01.1964 and Sale Deed No.644/1968 dated 20.02.1968, both registered on the file of the Sub-Registrar Office, Saidapet, Chennai. Subsequently, the petitioner had executed a Settlement Deed in favour of respondents 6 and 7 vide Document No.6689/2011 dated 24.11.2011, registered on the file of the Sub-Registrar Office, Virugambakkam, Chennai, on the expectation that the said respondents would take care of her during her old age.

3. To the shock and dismay of the petitioner, respondents 6 and 7 have completely failed to maintain and take care of her, thereby violating the very basis and condition under which the Settlement Deed was executed. The petitioner, being a Senior Citizen, is presently residing with 3/6

her elder son Mr. Inderchand, who has been taking care of her for the past 35 years, while respondents 6 and 7 have neither provided care nor shown any concern for her welfare.

4. In view of the neglect and failure on the part of respondents 6 and 7 to maintain the petitioner, the petitioner made a representation dated 16.10.2025 to respondents 2 to 5, seeking cancellation of the Settlement Deed under Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Despite receipt of the said representation, respondents 2 to 5 have failed to conduct any enquiry or pass any orders, resulting in grave hardship to the petitioner. Therefore, the petitioner is before this Court.

5. Heard the learned counsel on either side and perused the records.

6. Considering the fact that the petitioner is a widow aged about 90 years and has not been taken care of by respondents 6 and 7, this Court directs respondents 2 to 5 to consider and dispose of the petitioner's representation dated 16.10.2025 within a period of one month from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the interested parties.

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7. Accordingly, the Writ Petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed. 17.12.2025 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The District Collector Tiruvallur District, Tiruvallur 2.The Revenue Divisional Officer, 5-73,SH-112,Gandhi Nagar, Annal Nagar West Extension, Chennai 3.The Inspector General of Registration, No.100, Santhome High Road, Chennai- 600028.

4.The District Registrarr, 268, Bharathi Salai, Express Estate, Royapettah, Chennai - 600002.

5.The Sub Registrar, SRO- Virugambakkam, 47/5, Arcot Road, Udhayam Colony, Lambert Nagar, Virugambakkam, Chennai - 600078.

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P.T. ASHA . J., (shr) 17.12.2025 6/6