Madras High CourtWP(MD)/10993/2020allowed

M.Packiam v. The District Collector

2020-09-07Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.9643 of 2020 M.Packiam ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The District Revenue Officer, Madurai District, Madurai.

3.The Revenue Divisional Officer, Tirumangalam, Madurai District.

4.The Revenue Divisional Officer/Tribunal for Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Usilampatti, Madurai District.

5.The Inspector General of Registration, Tamil Nadu Registration Department, No.100, Santhome Highway, Manthavelipakkam, Raja Annamalaipuram, Chennai District.

6.The Deputy Inspector General of Registration, Tamil Nadu Registration Department, Y.Othakadai, Madurai.

7.The District Registrar, Madurai District, Madurai.

8.The Sub Registrar, Tirumangalam Sub Registrar Office, Tirumangalam, Madurai District.

9.Mary ... Respondents 1/3

Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the fourth respondent to take appropriate action on the complaint made by the petitioner dated 30.07.2020 and consequently, declare the gift deed in Document No.2732/2015, dated 13.05.2015 on the file of the eight respondent as void as per Section 23 of the Maintenance and Welfare of Parents and Senior Act, 2007. For Petitioner : Mr.J.Jeyakumaran For R1 to R8 : Mr.C.Ramar Additional Government Pleader

O R D E R

Heard the learned counsel appearing for the petitioner. 2.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 3.Considering the nature of relief to be granted, notice to the private respondent is dispensed with.

4.The petitioner is a senior citizen. Ninth respondent is the petitioner's daughter. The petitioner alleges that she was misled into executing the petition mentioned gift deed. She has therefore filed a petition before the fourth respondent for nullifying the same.

5.The fourth respondent is directed to dispose of the said petition on merits and in accordance with law. The fourth respondent shall of-course put all the stakeholders including the ninth respondent on notice before passing the final order. I make it clear that I have not gone into the merits of the matter. The fourth respondent shall pass order within a period of twelve weeks from the date of receipt of a copy of this order. 6.The Writ Petition is disposed of accordingly. No cost. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi 2/3

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