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Madras High CourtWP(MD)/13124/2025dismissed

Ravanappasamy Sn v. The District Collector

2025-08-21Honourable Mr Justice M.Dhandapani9 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.(MD)Nos.9370, 13188 & 13189 of 2025 W.P.(MD)No.13124 of 2025:

S.N.Ravanappasamy

...Petitioner

Vs.

1.The District Collector, Madurai District.

2.The Revenue Divisional Officer, O/o. the Revenue Divisional Officer, Usilampatti Sub Division, Madurai District.

3.The District Registrar, (Madurai South), O/o. the Madurai District South Registrar, Madurai District.

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4.The Sub Registrar, Peraiyur Sub Registrar Office, Peraiyur Taluk, Madurai District.

5.S.N.R.Venkidasamy

...Respondents

P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the proceedings of the first respondent in Moo.Mu.No.1806806/2024/C6 dated 30.12.2024 against the petitioner and quash the same as illegal, arbitrary, vindictive and contrary to the Principles of Natural Justice and consequently direct the first respondent to send the quashed details of the same to the fourth respondent office within a period stipulated by this Court.

For Petitioner : Mr.R.Sundar For Respondents 1 to 3 : Mr.K.Balasubramani Special Government Pleader For Respondent No.4 : Mr.S.Saji Bino Special Government Pleader 2/9

W.P.(MD)No.17299 of 2025:

S.N.R.Venkidasamy

...Petitioner

Vs.

1.The District Collector, O/o. District Collector Office, Madurai, Madurai District.

2.The Revenue Divisional Officer, O/o. Revenue Divisional Office, Usilampatti, Madurai District.

3.S.N.Ravanappasamy

...Respondents

P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the impugned proceedings of the first respondent in K:.K.vz;.1806806/2024/rp6dated 30.12.2024 and quash the same as unconstitutional and illegal and contrary to law.

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For Petitioner : Mr.D.Balamurugapandi For Respondents 1 & 2 : Mr.K.Balasubramani Special Government Pleader COMMON ORDER The petitioner in W.P.(MD)No.13124 of 2025 is the father and the petitioner in W.P.(MD)No.17299 of 2025 is the son. They filed writ petitions challenging the award passed by the District Collector, wherein the District Collector ordered for maintenance amount of Rs.10,000/- per month. For enhancement of the maintenance amount, the father filed W.P. (MD)No.13124 of 2025, whereas questioning the award amount, the son filed W.P.(MD)No.17299 of 2025.

2.Since the issues involved are one and the same, these Writ Petitions are taken up together and are being disposed of by this common order.

3.Learned Counsel for the father would submit that out of love and affection, he and his wife executed settlement deeds in favour of the son. 4/9

However, after the settlement deeds, the entire property was converted into plots and alienated to several persons. However, the oral agreements between the father and the son on the basis of settlement deeds were not honoured by the son and he refused to take care of his parents. Thereafter, the petitioner / father's wife also passed away on 03.05.2022. Thereby, the father made a complaint before the Revenue Divisional Officer, Usilampatti, under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. However, the Revenue Divisional Officer issued a direction to the legal heirs to pay maintenance of Rs.3,000/- each, totally Rs.12,000/- and the same was challenged by the father before the District Collector for enhancement. 4.

The District Collector, refused to set aside the settlement deeds, however, ordered for enhanced compensation, by directing the son to pay Rs.10,000/- per month. Aggrieved over the said order, the petitioner / father has filed W.P.(MD)No.13124 of 2025. Accordingly, he prays for appropriate orders seeking to cancel the settlement deeds executed by him in favour of his son.

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5.Learned Counsel for the son would submit that the settlement deeds executed by the father are irrevocable settlement deeds, without any condition, thereby the original authority and the appellate authority refused to cancel the settlement deeds. If at all the father has any grievance, he has to approach the Civil Court, questioning the alienation. However, he would also submit that the maintenance amount of Rs.10,000/- ordered by the District Collector is highly excessive and therefore, prays for reducing the said maintenance amount. 6.Heard the learned Counsel on either side.

7.The facts of the present case, as narrated above are not in dispute. Admittedly, the father has executed settlement deeds in favour of his son and thereafter, since the son failed to take care of him, he filed a complaint before the Revenue Divisional Officer, who passed an order directing the son to pay monthly maintenance of Rs.3,000/- to his father. Aggrieved over the same, the father preferred appeal before the District Collector, who in turn refused to cancel the settlement deeds, however, enhanced the maintenance amount to Rs.10,000/-. Both the original 6/9

authority as well as the appellate authority refused the cancel the settlement deeds executed by the father since those are irrevocable settlement deeds. Further, as rightly pointed out by the learned Counsel for the son, if at all the father has any grievance, he has to necessarily approach the Civil Court.

8.Accordingly, both the Writ Petitions stand dismissed. However, the son is directed to continue to pay Rs.10,000/- maintenance on or before 7th of every month and deposit the arrears of amount from the date of order till date, less the amount already deposited. Liberty is granted to the father to work out the remedy in the manner known to law. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 21.08.2025 Index : Yes / No NCC : Yes / No MR 7/9

To 1.The District Collector, Madurai District.

2.The Revenue Divisional Officer, O/o. the Revenue Divisional Officer, Usilampatti Sub Division, Madurai District.

3.The District Registrar, (Madurai South), O/o. the Madurai District South Registrar, Madurai District.

4.The Sub Registrar, Peraiyur Sub Registrar Office, Peraiyur Taluk, Madurai District.

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M.DHANDAPANI, J.

MR 21.08.2025 9/9