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Madras High CourtWP(MD)/15400/2025disposed of

K.Pasupathy v. The State Of Tamilnadu Represented By

2025-07-09Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD).No.15400 of 2025 and W.M.P(MD)No.11639 of 2025 K.Pasupathy ... Petitioner -vs1. The State of Tamil Nadu, Rep. by the Revenue Divisional Officer, Madurai North Division, Madurai.

2. The Sub Registrar, Sub Registrar's Office, Pothumbu, Madurai District.

3. The Tahsildar, Madurai North Taluk, Madurai District.

4. K.Esswaran

5. R.Suresh Babu ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus directing the 2nd respondent to cancel the gift deed Doc.No.508 of 2025 dated 28.01.2025 in favour of 4th respondent based on petitioner's representation dated 14.05.2025. 1/4

For Petitioner : Mr.S.Balaji For R1 to R3 : Mr.D.Sasi Kumar Additional Government Pleader For R4 & R5 : No Appearance

ORDER

The present writ petition is filed for a Mandamus to direct the 2nd respondent to cancel the gift deed Doc.No.508 of 2025 dated 28.01.2025 in favour of 4th respondent based on petitioner's representation dated 14.05.2025.

2. The contention of the petitioner is that he being a senior citizen is having right under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 to cancel the gift deed and seeking direction to the 2nd respondent/Sub Registrar to cancel the gift deed.

3. This Court is of the considered opinion that the appropriate authority under the said Act is the 1st respondent/Revenue Divisional Officer and not the 2nd respondent Sub-Registrar. Therefore, the 1st respondent is directed to consider the petitioner's representation dated 14.05.2025 and pass appropriate orders in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order. 2/4

It is made clear that until the proceedings are over before the 1st respondent, the 4th and 5th respondent shall not encumber the subject property.

4. The writ petition stands disposed of with the above observations. No costs. Consequently, connected miscellaneous petition is closed. 09.07.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 3/4

S.SRIMATHY, J.

rgm To

1. The State of Tamil Nadu, Rep. by the Revenue Divisional Officer, Madurai North Division, Madurai.

2. The Sub Registrar, Sub Registrar's Office, Pothumbu, Madurai District.

3. The Tahsildar, Madurai North Taluk, Madurai District.

W.P(MD).No.15400 of 2025 and W.M.P(MD)No.11639 of 2025 09.07.2025 4/4