K. Kaliappa Gounder v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and WMP (MD) No.4762 of 2025 K.Kaliappa Gounder : Petitioner Vs.

1. The District Collector, Karur District, Karur.

2. The District Revenue Officer, Karur District, Karur.

3. The Revenue Divisional Officer, Karur Division, Karur.

4. The Tahsildar, Aravakurichi Taluk, Karur District.

5. The Sub-Registrar, Chinntharapuram Sub-Registrar Office, 1/7

Aravakurichi Taluk, Karur District.

6. The Village Administrative Officer, Punjai Kalakurichi, Aravakurichi Taluk, Karur District.

7. K.Ramalingam : Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus calling for the records pertaining to the order passed by the 3rd respondent in Moo.Mu.Aa1/6627/2022 dated 18.01.2023, quash the same and consequently direct the 3rd respondent to cancel the documents in Doc. No.1950/2022 gift deed, Doc. No.1951/2022 release deed, Doc. No. 1952/2022 gift deed and Doc. No.1953/2022 dated 17.08.2022, registered in the 5th respondent office.

For Petitioner : Mr.J.Sathiaraj For Respondent : Mr.C.Venkatesh Kumar Spl. Govt. Pleader for R1 to R4 & R6 Mr.P.T.Thiraviam Government Advocate for R5 2/7

O R D E R

The present writ petition has been filed challenging the proceedings of the third respondent dated 18.01.2023, rejecting the request for cancelling the document executed by the petitioner to his son and consequently, for a direction to the third respondent to cancel the documents registered in the fifth respondent office.

2. Heard the learned counsel for the petitioner, Mr.C.Venkatesh Kumar, learned Special Government Pleader, who accepts notice on behalf of the respondents 1 to 4 and 6 and Mr.P.T.Thiraviam, learned Government Advocate, who accepts notice on behalf of the fifth respondent. In view of the consent expressed by the learned counsel for the parties, this writ petition is taken up for final disposal at the stage of admission itself. Having regard to the nature of the order proposed to be passed in this writ petition, notice to the seventh respondent is dispensed with.

3. The petitioner claims that his son, the seventh respondent in this writ petition, threatened both the petitioner and his wife to execute 3/7

a deed in his favor. As a result, four documents were registered in favor of the petitioner's son. The petitioner's grievance is that, based on these registered documents, his son has now threatened him to vacate the property. In response, the petitioner filed a petition before the third respondent to cancel the registered documents. However, without considering the petitioner's age and the facts surrounding the situation, the third respondent rejected the petition. Aggrieved by this decision, the petitioner has now filed the present writ petition.

4. Considering the facts and circumstances of the case, there shall be a direction to the third respondent to address the issue involved in this writ petition by taking into consideration that the petitioner is a senior citizen and also the fact that the seventh respondent, who is the son of the petitioner, is attempting to evict the petitioner from the house. Therefore, the third respondent shall examine the matter and pass appropriate orders on merits and in accordance with law, after affording an opportunity to the petitioner, as well as all other persons, who may be interested in the subject matter, within a period of four weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter 4/7

and that it is open to the third respondent to consider the same on its own merits.

5. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

11.03.2025 Index : Yes / No Internet : Yes / No PKN 5/7

To

1. The District Collector, Karur District, Karur.

2. The District Revenue Officer, Karur District, Karur.

3. The Revenue Divisional Officer, Karur Division, Karur.

4. The Tahsildar, Aravakurichi Taluk, Karur District.

5. The Sub-Registrar, Chinntharapuram Sub-Registrar Office, Aravakurichi Taluk, Karur District.

6. The Village Administrative Officer, Punjai Kalakurichi, Aravakurichi Taluk, Karur District.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.6475 of 2025 11.03.2025 7/7