Gopinath v. Parents And Senior Citizens Welfare And Maintenance Appellate Tribunal / District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Gopinath ...

Petitioner Vs 1 Parents and Senior Citizens Welfare and Maintenance Appellate Tribunal / District Collector, Virudhunagar District, Virudhunagar.

2 The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

3 Boopathy 4 B.Chithra ...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of certiorari, to call for the records pertaining to the impugned order passed by the 2nd respondent, dated 06.09.2022, in Mu.Mu.A5/1294/2022, and the consequential impugned order passed by 1st respondent in his proceeding, dated 06.04.2023, in Na.Ka.C4/4080/2022 and quash the same.

For Petitioner :

Mr.V.Sasikumar For Respondents 1 & 2 : Mr.J.K.Jeyaseelan, Govt. Advocate.

For Respondents 3 & 4 : Mrs.P.Jessi Jeeva Priya

ORDER

This Writ Petition is filed, praying for issuance of a writ of certiorari, to call for the records pertaining to the impugned order passed by the 2nd respondent, dated 06.09.2022, in Mu.Mu.A5/1294/2022, and the consequential impugned order passed by 1st respondent in his proceeding, dated 06.04.2023, in Na.Ka.C4/4080/2022 and quash the same.

2. The case of the petitioner is that in the family arrangements, his father, namely, the third respondent executed a registered settlement deed, dated 08.12.2021, in favour of his second wife B.Chitra, namely, fourth respondent, for the house property. Aggrieved by the same, the petitioner filed a suit in O.S.No.1 of 2022 on the file of Principal District Munsif Court, Aruppukottai, for declaration to declare the said settlement deed as null and void and also for permanent injunction, restraining the respondents 3 and 4 herein from interfering with the peaceful possession and enjoyment of the suit schedule property and the said suit is pending. While so, the third respondent submitted a petition before the second respondent under Parents and Senior

Citizens Maintenance and Protection Act, 2007, for cancellation of the release deeds, dated 04.08.2021, in Document Nos.4581/2021 and 4582/2021, executed in favour of the petitioner and his brothers and for payment of Rs.7,000/- as monthly maintenance. After enquiry, the second respondent passed an order, dated 06.09.2022, directing the petitioner and his brothers to hand over the house and pay a sum of Rs.7,000/- per month to the fourth respondent, as maintenance. Aggrieved by the said order, the petitioner preferred an appeal before the first respondent and the first respondent without considering the grievance of the petitioner, dismissed the appeal, by his order dated 06.04.2023, restraining the petitioner and his brothers from interfering with the possession of the respondents 3 and 4. Therefore, the petitioner has filed this Writ Petition, for the aforesaid relief.

3. Learned counsel for the petitioner would submit that the impugned orders passed by the respondents 1 and 2, dated 06.04.2023 and 06.09.2022 respectively, are illegal, arbitrary and against the principles of natural justice.

4. I have heard the learned counsel for the parties and also gone through the material available on record.

5. On going through the records, what comes to be known is that the subject matter is under adjudication before the Civil Court. Therefore,

there is no necessity for the petitioner to approach this Court under Article 226 of the Constitution of India at this point of time, as the matter is sub judice before the Civil Court.

6. Writ Petition is, therefore, dismissed. No costs. Consequently, the connected W.M.P.(MD) Nos.9132 and 9135 of 2023 are closed. 25.02.2025 NCC :

Yes / No (3/3) Index :

Yes / No Internet :

Yes / No dixit To:

1 The Parents and Senior Citizens Welfare and Maintenance Appellate Tribunal / District Collector, Virudhunagar District, Virudhunagar.

2 The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

VIVEK KUMAR SINGH, J.

dixit (3/3) 25.02.2025