Madras High CourtWP(MD)/6261/2022disposed of

Chinnathambi .P v. The District Registrar

2022-06-28Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.6261 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.6261 of 2022 P.Chinnathambi ... Petitioner Vs.

1. The District Registrar, O/o.The District Registrar, Ramanathapuram District, Ramanathapuram.

3. The Sub Registrar, Velipattinam, Ramanathapuram District.

3. Arunachalasamy ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing respondents 1 and 2 to cancel the settlement deed dated 02.02.2012 as Document No.767 of 2012 on the file of the second respondent by considering the petitioner's representation dated 11.03.2022.

For Petitioner : Mr.K.Sathish Kumar For R-1 & R-2 : Mr.K.S.Selva Ganesan, Additional Government Pleader.

For R-3 : No appearance.

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2 W.P.(MD)NO.6261 OF 2022

O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for respondents 1 and 2.

2. The petitioner is the elder brother of the third respondent. He has executed the petition mentioned settlement deed in his favour. Now the petitioner wants the same to be cancelled. The learned Additional Government Pleader states that based on the petition mentioned document, the third respondent had made a further alienation.

3. In the facts and circumstances of this case, the petitioner may have the remedy under the provisions of THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT. It is not possible for this Court to grant any relief in this writ petition. The petitioner is at liberty to move the Maintenance Tribunal for appropriate relief. 2/3

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4. This writ petition stands dismissed. As and when such an application is filed, the same shall be disposed of by the jurisdictional Maintenance Tribunal on merits and in accordance with law as expeditiously as possible. No costs. 28.06.2022 Index : Yes / No Internet : Yes/ No PMU To:

1. The District Registrar, O/o.The District Registrar, Ramanathapuram District, Ramanathapuram.

3. The Sub Registrar, Velipattinam, Ramanathapuram District.

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4 W.P.(MD)NO.6261 OF 2022 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.6261 of 2022 28.06.2022 4/3